AUTO TECHGUARD PRIVACY POLICY AND LEGAL DISCLAIMER

Please read this Privacy Policy carefully. To protect your privacy and help you to make informed choices, this Privacy Policy explains our information practices, how you can choose how we use your data, and your rights regarding your data. If you do not agree with our policies or practices, regarding our treatment or use of your information, your choice is not to use the AutoTechGuard.com website (“Site”).

By accessing or using this Site, and/or accepting our Terms of Service (which may be accessed on our website) you agree to this Privacy Policy. We may change this Privacy Policy from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

If you have any inquiries about this Privacy Policy or how we use your personal information, please contact us at info@autotechguard.com.

This Privacy Policy applies to the websites and mobile applications owned and operated by d/b/a Auto TechGuard (“Auto TechGuard”). We refer to this website (the “Site” ) and mobile applications (the “Apps”) collectively as the “AUTO TECHGUARD Network” and along with the information, goods and/or services made available to users of AUTO TECHGUARD, relevant news, content, applications, and sponsored programs, advertising, email communications, and discussion forums, (“Auto TechGuard Services.”) References to “we” or “us” mean AUTO TECHGUARD, including any company we control.

Contents
1. About us
2. Children Under the Age of 13
3. What information we collect and how we collect it
4. How we collect Personal Information
5. How and why we use Personal Information
6. How we share Personal Information
7. International transfers
8. Data security
9. How long we keep Personal Information
10. Third party links
11. Accessing and correcting your information
12. Your rights
13. Changes to this policy or your data
14. Legal Disclaimer

1. About Us

The Site is operated by U.S. Auto Management, LLC, d/b/a, Auto TechGuard (also referred to as the “Company”, “we”, “us” and “our”), a limited liability company organized under the laws of Delaware, and is a data controller.

Auto TechGuard’s offices are located at:

583 West Skippak Pike, Suite 200
Blue Bell, PA 19422
Attn: Neil Hartig

You may contact us about any questions you have regarding this Privacy Policy at either our postal address above, or by e-mail directed to info@autotechguard.com.

2. Children Under the Age of 13

Our Site is not intended for children under 13 years of age. No one under age 13 may use or direct any information to 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 the Site, use any of its features, subscribe to our mailing list, use any of the interactive links or post anything on 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 verified parental consent, we will delete that information. If you believe we may have any information from or about a child under 13, in connection with the access or use of this Site, please contact us at info@autotechguard.com

The services provided by Auto TechGuard include facilitating the sale of customer vehicle service contracts.

If you do choose to use the Services, you must agree to the Auto TechGuard’s Terms of Use which is the contract between us and you. By accepting the Auto TechGuard Terms of Use, you confirm that you have read and understand this Privacy Policy. If you do not want us to collect, use or share information about you and your use of the Services as described in this Privacy Policy, then you should not use the Services. By using the Services, you acknowledge that we will store, use and otherwise process your information in the United States, where we are located. Except as otherwise noted in this Privacy Policy, Auto TechGuard is the data controller responsible for the processing of your personal information as described in this Privacy Policy.

3. What Information We Collect and How We Collect It.

The type of information we collect depends on how you use the Site and how you interact with us. “Personal Information” means any data which can be associated with you as an individual, either directly or indirectly, and is collected on a voluntary basis from you.

The Personal Information we collect via the Site may include:

  • Identity information, such as your name, organization name and position, postal address, e-mail address, telephone number, biographical data, social media links, and/or any other identifier by which you may be contacted online or offline.
  • Technical data, such as your internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and/or platform, and other technology information relating to the devices you use to access the Site.
  • Usage data, which includes information about your use of the Site, and any communications we may receive from you.
  • Marketing and communications data, including your preferences in terms of receiving marketing and other communications from us.

The Site is not intended to store or transmit “special categories” of Personal Information, such as details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, information, or criminal convictions and offenses.

4. How We Collect Personal Information

We collect information from you in three different ways.

a) Personal Information you provide to us.

If you subscribe (sign up) to our mailing list, inform us of your marketing and communications preferences, or post or submit any text, comments, photo, video, communication, information, or other material (“User Content”) on or through the Site, you will provide us with your identity, contact information, and IP address. This data is collected through direct solicitation and your voluntary submissions. You will also provide us with Personal Information when you correspond with us. We will track basic analytics (for example, open rates and click throughs) and may embed tracking codes in our regular daily email correspondence.

b) Personal Information we collect automatically as you navigate the Site.

The Site uses third party advertising providers to display advertisements based on your visits to the Site and other web sites you have visited, which allows targeted advertisements to be delivered to you for products and services about which you may be interested. The Site also uses a third party traffic measurement service to analyze how visitors use the Site, Third party advertising providers and advertisers (whose ads are displayed via the advertising provider) may use cookies, web beacons, embedded scripts (described below) or other similar mechanisms to automatically collect web site usage information, to, among other purposes, deliver advertisements, in which you might be interested, prevent you from seeing the same advertisements too many times, and to conduct research regarding the usefulness of certain advertisements to you. Cookies, web beacons and embedded scripts and other similar mechanisms used to collect web site usage information from advertising providers and advertisers, are governed by their respective privacy policy and not this Privacy Policy. We do not, however, share any Personal Information with these third parties in connection with the services they perform on the Site.

In addition, as you use the Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including your browser type, the Internet Protocol (IP) address used to connect your computer to the internet, and your usage habits, patterns and preferences. We collect this data using cookies, beacons and similar technologies. We use Google Analytics to help us analyze user habits while visiting our Site. The data gathered from cookies may be transmitted to Google servers in the United States. We employ IP address anonymization to ensure that there is no direct reporting of individual user IPs as part of this process. The information will be used by Google only for the purpose of evaluating website use, creating website activity reports, and other services relating to website activity and internet usage on behalf of Auto TechGuard. The IP address that your browser conveys within the scope of Google Analytics, will not be associated with any other data held by Google.

You can remove cookies from your computer through the browser settings. Please note however that doing so may affect, limit or degrade your ability to use of some features on the Site and other websites. Management of cookie settings varies from one browser to another, and the “Help” menu of your web browser should provide instructions how to manage cookies. For your convenience, the links below are to instructions provided by major web browsers relating to such management in those specific browsers:

  • Chrome (http://support.google.com/chrome/bin/answer.py?hl=en&answer=95647 or https://support.google.com/chrome/search?q=hot+to+delete+cookies&from_promoted_search=true)
  • Internet Explorer (https://support.microsoft.com/en-gb/kb/278835)
  • Firefox (http://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored)
  • Opera (https://help.opera.com/en/latest/security-and-privacy/)
  • Safari (http://support.apple.com/kb/PH5042)
  • Safari for iPad and iPhone (http://support.apple.com/kb/HT1677)

c) Information You Provide to Third Parties. If you use the Site’s interactive features to communicate with other users, or to access a third party site that is linked to the Site, the other user(s) or third party site may provide us, directly or indirectly with your Personal Information. For example, another user may post your email address and name, or a third party website may report a purchase you made from that site.

5. How and Why We Use Personal Information

a) You have given us permission to do so.
If you subscribe to our mailing list, we will send you updates and marketing information that you have consented to receive. Similarly, if you contact us with a question or comment, we may need your contact, identity, technical and/or usage information to respond.

b) We have a legitimate interest (reasonable business purpose) for doing so.

• We will use your information for our legitimate business reasons where doing so will not unduly affect your rights, including the use of cookies and personal data we collect through account registration (email, phone number, address) to improve the website and for marketing and advertising services. This includes but may not be limited to email, text, SMS, social media, and programmatic advertising. We will also share some personal data with third party partners to assist with improving the user experience and marketing purposes (Salesforce, Google, Facebook, Twitter, etc.)

  • We will use your identity, contact and usage information to keep our records up to date.
  • We will use your technical information to:
    • Make the Site available, to improve it, to conduct system maintenance, support, troubleshooting, reporting and to host data;
    • Ensure that the Site is secure;
    • Analyze how users interact with the Site; and
    • Address technical issues you may experience with the Site.

We may also use any or all of the information above to administer and manage our business in general, which include engaging in “Know Your Customer” and anti-money laundering checks as required by law, regulation, or best business practices. If you feel that your interests and fundamental rights outweigh our business purposes, and that we should therefore stop processing your data, please let us know.

c) We need to comply with a legal or regulatory obligations.
In certain circumstances, we may need to retain or use your data to comply with laws or regulations.

6. How We Share Personal Information

We may share your information with our trusted third party service providers (including information technology providers such as website and mailing list hosts). We may provide your account information to companies that help us with our business activities. These companies are authorized to use your personal information only as necessary to provide these services to us.
When we share your information with our service providers, we will take commercially reasonable steps to help ensure that your data is kept secure and used only in accordance with this notice.
We may share Personal Information when we believe it is necessary to comply with the law, regulation or legal request (including a court order or government investigation or inquiry), to detect, investigate and defend against fraudulent or unlawful activity and violations of Auto TechGuard’s Terms of Service, to enforce or apply our Terms of Service or other agreements, in the context of a Company reorganization, or to protect the rights, property, or safety of the Company, our employees, users, or others.

Investigations. We may use your information to detect, investigate and defend against fraudulent or unlawful activity and violations of the Medscape Terms of Use.

7. International transfers

This Site is hosted on servers located in the United States, and the use of this site is currently intended for and restricted to users in the United States. Auto TechGuard will endeavor to meet those data protection laws and regulations (including, if required, the General Data Protection Regulation, or “GDPR,” when and as applicable) to which we may be subject.

8. Data Security

The safety of your Personal Information is important to us, and we use various technical and organization measures to secure it.

We employ commercially reasonable encryption (SSL/TLS technology), data security, and intrusion prevention technologies to protect and secure all personal information in our possession. Our data environment is monitored regularly for malicious activity and/or anomalous behavior either of which triggers our incidence response. However, the transmission of information via the Internet is not completely secure, and unfortunately, no method of transmission over the internet or method of electronic storage is completely secure. Although we take commercially reasonable measures to safeguard against unauthorized disclosures of information, we cannot guarantee the security of your data. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security, and 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. You acknowledge and agree that you are solely responsible for maintaining the security and confidentiality of your account and related log on information, if applicable.

9. How Long We Keep Personal Information

We will retain your Personal Information only for as long as it necessary to fulfill the purposes for which we collected it, including satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the data, the potential risk of harm from unauthorized use or disclosure of that Personal Information, the purposes for which we processed the data and whether we those purposes may be achieved by another means, and the applicable legal requirements

We will retain your Personal Information only for as long as it necessary to fulfill the purposes for which we collected it, including satisfying any legal, accounting, or reporting requirements.

10. Third Party Links

This Site may contain links to other websites whose information practices may be different than ours. Please consult all third party Sites’ privacy notices. We have no control and disclaim any and all responsibility and liability in connection with information that is submitted to, or collected by, third parties.

11. Accessing or Correcting Your Information

You can review and change your personal information by logging into the Site and visiting your account profile page, or by sending an email to us at info@autotechguard.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. 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.

If you delete your User Contributions from the Site, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including User Contributions, is governed by our Terms of Use.

To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access or making corrections.

13. Changes to this Privacy Policy or your data

From time to time, we may amend this Privacy Policy from time to time. We will post any update to this Privacy Policy on the Site. It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes during our relationship. We reserve the right to modify this Privacy Policy at any time and any changes will be effective upon posting of the modified Privacy Policy unless we advise otherwise. If we make any material changes to this Privacy Policy we will notify you by email (sent to the email address included in your account profile) and/or by means of a notice on the Sites before the change becoming effective. We encourage you to periodically review this Privacy Policy for the latest information on our privacy practices. By continuing to use the Services after changes are made to this Privacy Policy, you agree to such changes.

Contacting Us

If you have general questions about your account or the Services, contact us at info@autotechguard.com For questions about this Privacy Policy or how your personal information may be used when you use the Services, please contact our Privacy Office by email at info@autotechguard.com or at the following address:

Neil Hartig
583 West Skippak Pike, Suite 200
Blue Bell, PA, 19422

By visiting the Site and/or providing us with information, you acknowledge, agree and consent that your Personal Information (also referred to as “Personal Data”) may be processed for the purposes identified in the Privacy Policy you consent to our collection, use and processing of your Personal Information.

In addition, your Personal Information may be processed in the country in which it was collected and in other countries, where laws regarding processing of Personal Information may be less stringent than the laws in your country. By providing your information, you consent to such transfer. If you reside in a “Designated Countries,” as defined in the GDPR we will be the controller of your Personal Information provided to, collected by or for, or processed in connection with your engagement. We use the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland.

For purposes of our Terms of Use, Privacy Policy, and GDPR consent, “Personal Information” means information that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing information.

This will confirm your express consent to the processing of the Personal Information you provide to us for the purposes stated below.

How We Use Your Personal Information
We may use your Personal Information to provide you with Services as set forth in the Terms of Service and Privacy Policy, including personalizing the Services for you;

  • Market our products and services to you that we believe may be of interest to you. For example, we allow advertisers to choose the characteristics of users who will see their advertisements and we may use the attributes we have collected to select the appropriate audience for those advertisements;
  • Respond to your requests, resolve disputes and/or troubleshoot problems;
  • Improve the quality of the Site and the Services; and
  • Communicate with you about the Site and the Services.

We may also use your Personal Information to create Anonymous Information records by excluding information that makes the information personally identifiable to you.

Right to Withdraw
You have the right to withdraw your consent at any time; provided that if such consent interferes with or causes us to violate a contract involving you, you agree to indemnify us for any damage or financial penalty incurred as a result of the withdrawal of our consent.

Right to Access
You have the right to access the Personal Information that we may hold about you and the purposes for which we are using it in a structured, commonly used and machine readable format. We may ask for proof of your identity. On receipt of such a request, we will endeavor to respond to you as soon as possible, at most within one calendar month.

Right to Restrict
You have the right, under certain circumstances, to require that we restrict the processing of information that we have about you.

Right to Rectification
You have the right to request that we amend any Personal Information which is incorrect or requires updating.

Erasure
You have the right to request that we delete any Personal Information pertaining to you, subject to any legally imposed retention requirements to which we may be subject. We will assess any deletion request on a case by case basis and will endeavor to respond to you as soon as possible, at most within one calendar month. If you have authored any content on the Site, and would like this to be deleted, please let us know.

How We Use Your Information and Data
We will use your Personal Information insofar as it is permitted by applicable law to conduct our business, specifically: pre-market and marketing, reference content, applications, solicitation and or hosting a platform, sponsored programs, advertising, email communications, and discussion forums in connection with the sale of auto related vehicle service contracts, sometimes referred to as extended warranties.

Legal Disclosures

It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you, (3) investigate and defend ourselves against any third-party claims or allegations, We will attempt to notify you about legal demands for your Personal Information when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

The Site and its content are delivered on an “as-is” basis. Auto TechGuard does not guarantee that the Site or any content, service or feature will be without defect, or that any defects will be fixed. Any information provided on the Site is subject to change without notice.
Auto TechGuard disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Auto TechGuard disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and/or any Auto TechGuard services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against Auto TechGuard for dissatisfaction with the site or any content is to stop using the site or any such content.

This disclaimer applies to any costs, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Auto TechGuard reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Except where prohibited by law, in no event will Auto TechGuard be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Auto TechGuard has been advised of the possibility of such damages.

Notwithstanding, if Auto TechGuard is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, Auto TechGuard’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the two months prior to the date of the initial claim made against Auto TechGuard or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

You agree to indemnify and hold Auto TechGuard, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Auto TechGuard by any third party due to or arising out of or in connection with your use of the Site.

You agree that Auto TechGuard may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these terms or other agreements or guidelines which may be associated with your use of the Site. You also agree that such will cause irreparable harm to Auto TechGuard, for which monetary damages would be inadequate, and you consent to Auto TechGuard obtaining any injunctive or equitable relief that Auto TechGuard deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Auto TechGuard may have at law or in equity.

You agree that Auto TechGuard may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Auto TechGuard does take any legal action against you as a result of your violation of these Terms of Use, Auto TechGuard will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Auto TechGuard. You agree that Auto TechGuard will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Delaware without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Delaware and waive any objection to such jurisdiction or venue. The prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Auto TechGuard and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time not exceeding thirty (30) days, then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

If you would like to exercise any of your rights or are concerned with the manner in which we have collected or used your Personal Information, please contact us at the following address and provide the following details:

If you are wish to exercise any of these rights, please contact us at info@autotechguard.com

or by postal mail at:

Auto TechGuard
583 West Skippak Pike, Suite 200
Blue Bell, PA, 19422
Attn: Neil Hartig