Car Crack Away dba carcrackaway.com
and its affiliates (collectively, "Car Crack Away," "our," "us," or "we") operate websites, and provides products
and services through mobile and other applications. We refer to these as "site(s)," "service(s)," or
"our sites and services." This privacy policy applies to our sites and services on which we display or
post a direct link to this privacy policy. This privacy policy does not apply to those sites and
services that do not display or link to this privacy policy, or that have their own privacy policies.
However, we often acquire new companies to expand our business. Some acquired companies may operate
under their own privacy policies until we integrate their privacy practices with ours.
This privacy policy applies to all users of our
sites and services and covers what information we collect and why we collect it, how we use the
information we collect, and the choices you have to access and update that information. Please
familiarize yourself with our practices and let us know if you have any questions. By using our sites
and services, you expressly consent to our collection, use, disclosure, and retention of your personal
information as described in this privacy policy. Each time you use our sites and services, the current
version of this privacy policy will apply. If you do not agree to this privacy policy, please do not use
our sites or services.
Data Controller and Contracting Parties
For the purposes of the General
Data Protection Regulation 2016/679 (the “GDPR”), the Data Controller is Car Crack Away registered in
the State of Florida, United States of America.
You can contact our Data Protection Officer by
sending an email to frank@carcrackaway.com.
Personal Information that You Provide to Us
Personal information is information that can be
used to identify, locate, or contact an individual, and includes other information that may be
associated with personal information. When you interact with our sites and services, depending on the
site or service, we may collect the following personal information directly from you:
In each of the above instances, you will know
what personal information we collect through our sites and services because you voluntarily and directly
provide it to us.
1. Account or Registration Information where
needed to use our sites and services, and may include your name, address, email address, telephone
number, birthday, user account name, and password;
2. Contact Information, which generally includes
your name, addresses, email addresses, social media website user account names, and/or telephone
numbers;
3. Payment Information where needed to process
payments and generally includes your credit or debit card number, expiration date, and card verification
number;
4. Personal Profile or Service Information,
which may include areas of interest, information from social media interactions (such as Facebook,
Twitter, or Google+), preferences, physical characteristics (such as height, weight), photographs and,
biographical, health information and/or demographic information (such as gender);
5. Transaction Information, which may include
information about how you interact with and use our sites and services, email, other communications, and
applications, and how you interact with merchants, business partners, and service providers;
6. Geographic Location Information, but only if
your device transmits location data and/or your IP address and you have activated a location-enabled
site or service;
7. Job-Search-Related Information where needed
for recruitment purposes and may include educational and employment background, driver's license number,
and social security number;
8. Survey Data where needed for the
functionality of certain services and generally includes survey questions and responses, and may allow
you to import email addresses and names in order to send surveys or to allow us to send surveys on your
behalf;
9. Medical Information, where needed for the
functionality of certain services, such as to connect you with your healthcare provider, and may include
your medical history, present symptoms, future conditions or treatments, insurance carrier and plan, and
any other medical and health information you or your healthcare provider choose to provide to us;
10. Appointment Information, where needed to
schedule an appointment or consultation through our online appointment or consultation services and may
include the requested appointment information, which may be linked with health or legal information that
you choose to provide to us;
11. Access to Your Data, but only if you use
certain services, interactive tools, or authorize us to retrieve information from another database,
user, or other third party on your behalf, such as integrating a practice management system with your
services;
12. Your Submissions, which generally includes
information you voluntarily provide through free form text boxes, forums, document upload, or data
retrieval or import.
Other Information We Automatically Collect through Cookies
and Other Technologies
We or our third-party service providers may
collect and store certain technical information when you use our sites and services. For example, our
servers receive and automatically collect information about your computer and browser, including, for
instance, your IP address, browser type, domain name from which you accessed the site or service, device
size and other software or hardware information. If you access our sites and services from a mobile or
other device, we may collect a unique device identifier assigned to that device (UDID), type of device,
general GPS location, or other transactional information for that device in order to serve content to it
and to improve your experience in using the sites or services.
In addition, we or our third-party service
providers may collect information about how you use of our sites, including but not limited to, the date
and time you visit the sites, the areas or pages of the sites that you visit, the amount of time you
spend viewing the sites, the number of times you return to the sites, visits to sites outside our
network, preferred language, and other click-stream data.
Cookies
We or our third-party service providers may use
cookies and other tracking technologies (including browser cookies, pixels, beacons, mobile application
identifiers, and Adobe Flash technology) to help us recognize you across different sites and services,
improve your experience, increase security, measure use and effectiveness of our services, and serve
advertising. You can control cookies through your browser settings and other tools. By visiting our
sites and services, you consent to the placement of cookies and beacons in your browser and HTML-based
emails in accordance with this privacy policy and our Cookie Policy.
Do Not Track
We currently do not respond to "Do Not Track"
browser signals. Accordingly, your navigation on our sites and services may be tracked as part of our
efforts to gather user information described above. If you arrive at our sites and services by way of a
link from a third-party site that does respond to “Do Not Track” browser signals, such “Do Not Track”
browser signal recognition will end as soon as you reach our sites and services.
Our Legal Bases for Processing
We will only collect and process personal
information, including sharing it with third parties, where we have a legal basis for such collection
and processing. We rely on a number of legal bases, including:
1. our legitimate interests in providing and
improving our sites and services;
2. our legitimate interests in keeping our sites
and services safe and secure;
3. our third party service providers’ legitimate
interests as described in “Other Information We Automatically Collect Through Cookies and Other
Technologies” above;
4. your consent to the processing of your
personal information, which you can revoke at any time;
5. where the processing of personal information
is necessary for the performance of a contract to which you are a party to;
6. where the processing of your personal
information is required to protect your vital interests or those of another person, such as other users
of our sites and services;
7. where the processing of personal information
is necessary to comply with a legal obligation such as a law, regulation, search warrant, subpoena, or
court order.
How We Use Personal Information
Personal Information that You Provide to Us
We may use the personal information that you
provide in one or more of the following ways:
In addition to the uses described above, we may
use personal information that we collect for other purposes that are disclosed to you at the time we
collect the information, or with your consent.
Other Information We Automatically Collect
Through Cookies and Other Technologies
We may use information collected from you
through cookies and other tracking technologies in one or more of the following ways:
- to carry out our obligations arising from your
purchase of, or subscription to, our services or any other contract entered into between you and us;
- to enable site features such as geographically
specific pricing or logging, and retrieving and providing analysis of data;
- to send you important notices, such as
communications about changes to your account, and our sites' and services' terms, conditions, or
policies;
- to process payments and to send you emails,
invoices, receipts, notices of delinquency, alerting you if we need different or updated payment card
information or other communications in connection with processing and collecting payments;
- to verify the information you provide through
our sites and services, including income and employment information, in connection with a loan request
sent through our sites and services;
- to retain your loan request for the length of
time determined by us or by applicable law;
- to solicit input and feedback to improve our
sites and services and customize your user experience;
- to enable you to communicate with other site
or service users via private messaging or other service specific communication channels;
- to contact you via email, telephone, text or
chat in a manner required by law;
- to meet contractual obligations;
- to send you reminders, technical notices,
updates, security alerts, support and administrative messages, and service bulletins;
- to inform you about new products or
promotional offers, or other opportunities which we feel will be of interest to you, and to provide
advertisements to you through our sites, email messages, text messages, applications, or other methods
of communication;
- to manage our sites' and services'
administration, forum management, or fulfillment;
- to provide customer service and technical
support;
- to administer surveys, sweepstakes, giveaways,
contests, or similar promotions or events sponsored by us or our partners;
- to prevent fraud or potentially illegal
activities, enforce our sites' Terms & Conditions, or to comply with applicable law;
- for internal purposes such as auditing, data
analysis, and research to improve our products, services, and communications;
- to allow you to apply for a job or sign-up for
special offers from third parties through our sites and services;
- to help you contact or schedule an appointment
with a healthcare provider or a legal professional listed in one of our directories and to remind you of
upcoming or follow-up appointments;
- to perform services in conjunction with
interactive tools, such as integrating practice management systems, making a referral, sending a
prescription to a pharmacy, or sending a test to a clinical laboratory; and
- to run (or authorize third parties to run)
statistical research on individual or aggregate trends.
- to remember you when you return to our sites;
- to understand and analyze trends, to monitor
usage, and learn about user behavior;
- to offer you other products and services
carefully selected by us;
- to gather demographic information about our
user base as a whole;
- to customize ads, content, or offers on our
sites and services; and
- to conduct market research and measurement in
order to improve our sites, content, and services and to make our sites, content, and services more
useful for users.
Sharing Personal and Non-Personal Information
We may share your personal information with
third parties in the following circumstances:
We may share personal information
about you for any other purpose(s) disclosed to you at the time we collect your information or with your
consent.
Non-personal information may be shared with our
partners who referred you to our site(s) and who may use the data for their market research and
measurement purpose. User information may also be shared with our partners who help us deliver ads to
you on websites not controlled by us; for instance, when we put a pixel on a conversion page on our site
and a marketing partner uses that pixel to optimize the traffic that they send to us.
When we engage third parties to perform services
on our behalf, such services include maintenance, hosting, data storage, security, analytics and data
analysis, payment processing, marketing, email and text message distribution, customer service, and
surveys and sweepstakes;
When you communicate with us by email, submit an
online form through our sites and services, request a quote or information, request financing, purchase
a product or service, or otherwise submit a request through our sites and services, the personal
information you provide may be shared with third parties to process or respond to your request, provide
you with the products or services you requested, or complete a transaction, including a third party
broker, aggregator, or other referral service to share and/or sell your information to a lender, dealer,
or other financial institution in connection with your online request.
When you schedule an appointment
with a healthcare provider or legal professional, we may share your contact data, insurance data, and
medical data with such healthcare provider or legal professional
Where necessary to operate our sites and
services, your personal information and the contents of all of your online communications on or through
our sites and services may be accessed and monitored:
1. to satisfy any applicable laws or
regulations,
2. to defend ourselves in litigation or a
regulatory action,
3. in order to protect the rights or property of
Car Crack Away and our subsidiaries and corporate affiliates, including to enforce our sites' or services' Terms
& Conditions.
4. when we have a good faith belief that we are
required to disclose the information in response to legal process (for example, a subpoena, court order,
or search warrant),
5. where we believe our sites and services are
being used in the commission of a crime, including to report such criminal activity or to exchange
information with other companies and organizations for the purposes of fraud protection and risk
management, and
6. when we have a good faith belief that there
is an emergency that poses a threat to the health and/or safety of you, another person, or the public
generally;
In the event of a merger, acquisition, debt
financing, restructure, sale of Car Crack Away assets by or with another company, or a similar corporate
transaction, we may need to disclose and transfer all information about you, including personal
information, to the successor company;
We may share information about you with Car Crack Away
subsidiaries and affiliates and companies acquired by or merged with Car Crack Away and its affiliates, including
without limitation, to enable such acquired or merged companies to advertise to you products and
services in which you may be interested.
When you register to use a service co-branded by
Car Crack Away and other companies with which we partner, we may share the personal information you provide with
such companies; in this instance, both our privacy policy and the partner's privacy policy will apply.
User Generated Content, Online Communities and Forums,
Profiles, Surveys, Reviews and Ratings
You may choose to publicly disclose personal
information about yourself and others in the course of (i) contributing user generated content (for
instance articles, blogs, surveys, reviews, ratings, or podcasts), (ii) communicating with others in our
online forums, communities, or chat rooms, (iii) creating user profiles for public view, or (iv) posting
images, photos, or videos. Be aware, information that you voluntarily disclose in any of these areas of
our sites or services is unencrypted, public information and, therefore, there can be no expectation of
privacy or confidentiality, except if the Terms & Conditions of the site or service specifically
limit use of the content (for example, we may let you know how such survey and rating responses will be
used and if anonymity is an option). Any personal information you submit in the course of interacting in
these public activities can be read, collected, or used by other users. Prior to posting in these areas,
we encourage you to read the specific site's or service's Terms & Conditions, as we are not
responsible for the personal information you choose to make public in any of these areas and strongly
recommend against sharing any personal health or other sensitive information that could directly or
indirectly be traced to any individual, including yourself.
Accessing and Updating Personal Information
We encourage you to keep your personal
information up-to-date and accurate. The methods for accessing, viewing, correcting, and deleting your
personal information will depend on which sites or services you use and their features. You have several
choices; for instance:
You can also manage certain aspects
of information collection and use, including disabling geo-location, by going to the settings of your
mobile device and reviewing the permissions of each application.
If you have questions about your options, please
contact us by email. Protecting your privacy and security is important and we also take reasonable steps
to verify your identity before granting access to your data.
Please be aware that certain
records and information will be retained for specific purposes such as legal, payment, accounting,
technical, dispute resolution, enforcement of our sites' and services' Terms & Conditions, or
customer service. If you have posted comments or user generated content on our site, we may not be able
to delete it. Further, we take no responsibility for removing or editing any of your public activities
or any submissions or content that is a result of your public activities. We may reject requests that
are unreasonably repetitive or impractical, require disproportionate technical effort, or risk the
privacy of others.
To view and change the personal information that
you directly provided to us, you can return to the web page on our site where you originally submitted
the data and follow the instructions on that web page;
To correct or update your account information,
you can log into the site or service where you are registered and navigate to your account;
To close your account, you can log into the site
or service where you are registered and navigate to your account;
To change your email preferences, you can visit
the email preferences page for the relevant site or follow the opt-out or unsubscribe instructions
included in each email (for more information about email preferences, please see “Email and Other
Communications” below); or
To access, change, or remove your protected
health information, please see the “HIPAA” section below.
Storing Personal Information
We retain your personal information while your
account is active or as needed to provide you services. Additionally, we may retain personal information
even after your account has been closed if retention is reasonably necessary to comply with our legal or
regulatory obligations, resolve disputes, prevent fraud and abuse, enforce our Terms &
Conditions or any other contract entered into between you and us, or if it is not technically feasible
to delete your personal information.
Email and Other Communications
Our sites and services may allow us or other
users to communicate with you or other users through our in-product instant messaging services,
service-branded emails, SMS, and other electronic communication channels.
Text Messaging
We may make available text
messaging services in which you can receive messages from us and send messages to us on your mobile
phone.
Opting Out of Requested Communications
Requested communications include, for instance,
email newsletters and software updates that may be expressly requested by you or which you consented to
receive. After you request such communications, you may "opt-out" of receiving them by using one of the
following methods:
Opting Out of Transactional or Relationship
Communications
Communications that are sent by or on behalf of
a user are indicated as being from that user. Communications that are sent by us are indicated as being
from us or one of our account or support specialists. Either type of communication may be "real time"
communications or communications triggered automatically upon the occurrence of certain events or dates,
such as appointment reminders. Email communications received from users and our administrative
announcements are often transactional or relationship messages, such as appointment requests, reminders,
and cancellations. You may not be able to opt-out of receiving certain email messages, although our
services may provide a means to modify the frequency of receiving them.
Opting Out of General or Promotional
Communications
General communications provide information about
products, services, and/or support and may include special offers, new product information, or
invitations to participate in market research. You may opt-out of receiving these general communications
by using one of the following methods:
- selecting the email "opt-out" or "unsubscribe"
link, or following the opt-out instructions included in each email communication;
- returning to the web page(s) where you
originally registered your preferences and following the opt-out instructions; or
- contacting us by email; or
- selecting the email "opt-out" or "unsubscribe"
link, or following the opt-out instructions included in each email communication;
Protecting Personal and Protected Health Information
To prevent unauthorized access, maintain data
accuracy, and ensure the appropriate use of the information we collect, we deploy a wide range of
technical, physical, and administrative safeguards, including: Transport Layer Security (TLS),
firewalls, system alerts, and other information system security technologies; housing health data in
secure facilities that restrict physical and network access; and regular evaluation and enhancement of
our information technology systems, facilities, and information collection, storage, and processing
practices. We use reasonable and appropriate administrative, physical, technical, and data security
procedures and controls to safeguard your personal and protected health information against unauthorized
access, disclosure, loss, misuse, and alteration. Under applicable law, we are required to apply
reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of
Protected Health Information (“PHI”), as such term is defined by the Health Insurance Portability and
Accountability Act, the Health Information Technology for Economic and Clinical Health Act (collectively
referred to herein as HIPAA), residing on and processed by our sites and services.
We use third-party service providers to manage
credit card and payment processing. These service providers are not permitted to store, retain, or use
billing Information except for the sole purpose of credit card and payment processing on our behalf.
When you enter payment information to be processed by our third party service providers, we encrypt the
transmission of that information using transport layer security (TLS) technology and do not store it on
our systems.
It is important to remember, however, that no
system can guarantee 100% security at all times. Accordingly, we cannot guarantee the security of
information stored on or transmitted to or from our services. We cannot assume responsibility or
liability for unauthorized access to our servers and systems. When disclosing any personal or protected
health information, you should remain mindful of the fact that it is potentially accessible to the
public and, consequently, can be collected and used by others without your consent. Accordingly, you
should carefully consider if you want to submit sensitive information that you would not want disclosed
to the public and should recognize that your use of the Internet and our sites and services is solely at
your risk. You are ultimately responsible for maintaining the secrecy for all your personal information,
including your protected health information. Except as provided in a Business Associate Agreement
between us and a healthcare provider, we have no responsibility or liability to anyone for the security
of your personal or protected health information transmitted via the Internet.
Linked Websites and Services
Our sites and services may link to other sites
or services operated by our affiliates or third parties, and may carry advertisements or offer content,
functionality, newsletters, contests or sweepstakes, or applications developed and maintained by third
parties. We do not exercise control over third party sites or services. We are not responsible for the
privacy practices of any such third parties. Once you leave our sites or services via a link, enable a
third-party service, or click an advertisement, you should check the applicable privacy policy of the
third-party's site or service. The fact that we link to a website or present a banner ad or other type
of advertisement is not an endorsement, authorization, or representation of our affiliation with that
third party nor is it an endorsement of their privacy or information security policies or practices.
We may also provide social media features on our
sites and services that enable you to share personal information with your social network(s) and to
interact with our sites and services. Depending on the features, your use of these features may result
in the collection or sharing of personal information about you. We encourage you to review the privacy
policies and settings on the social media site(s) with which you interact.
Children's and Minor's Privacy
Children under the age of 18 are
not permitted to use our sites and services. We do not knowingly collect personal information from
children under the age of 18 or utilize plug-ins or ad networks that collect personal information
through child-directed third-party websites or online services. If we learn that we have collected
personal information from a child under 18, we will take steps to promptly delete such information.
Our sites and services generally require users
to be at least 18 years of age. Without limiting the generality of the foregoing, our services may allow
users above the age of 18 (such as healthcare providers, parents, and guardians) to submit personal
information of minors. Such users assume full responsibility over their submission, use, and
transmission of such information.
International Users
We are headquartered in the United
States of America. Our sites and services are hosted and administrated in the United States of America.
If you are located outside the USA, be aware that information you provide to us or that we obtain as a
result of your use of our sites and services may be processed in, transferred to, and stored in the USA
and will be subject to American law. The privacy and data protection laws of the United States of
America may be different from the laws of your country of residence.
By using our sites and services or providing us
with your information, you consent to the transfer of your information to the United States and Thailand
for processing and storage.
Canadian Privacy Rights
Car Crack Away recognizes the
importance of privacy and the sensitivity of this personal information. We are committed to protecting
the privacy of the personal information of our customers.
It is our intention to comply with all aspects
of the Personal Information Protection and Electronic Documents Act (PIPEDA) as well as the Personal
Health Information Protection Act (PHIPA).
California Privacy Rights
FOR RESIDENTS OF CALIFORNIA ONLY. Section
1798.83 of the California Civil Code requires select businesses to disclose policies relating to the
sharing of certain categories of your personal information with third parties. If you reside in
California and you have provided us with your personal information, you may request information about
our disclosures of certain categories of your personal information to third parties for direct marketing
purposes. To make such a request, please email us with “California Privacy Rights” in the subject line
and allow 30 days for a response. We will not accept requests via the telephone, mail, or by facsimile,
and we are not responsible for notices that are not labeled or sent properly, or that do not have
complete information.
FOR RESIDENTS OF CALIFORNIA UNDER THE AGE OF 18.
In accordance with Section 22581 of the California Business and Professions Code, you may request and
obtain the removal of content or information you have publicly posted. To make such a request, please
email us with “California Privacy Rights” in the subject line. Please specify the site(s) or service(s)
to which your removal request relates, including any URLs where the content or information is posted,
and the specific content or information you posted for which you are requesting removal. Please be aware
that such a request does not ensure complete or comprehensive removal of the content or information you
have posted and that there may be circumstances in which the law does not require or allow removal even
if requested.
EU & UK Privacy Rights
FOR RESIDENTS OF THE UNITED KINGDOM AND EUROPEAN
UNION ONLY. Under European data protection law, in certain circumstances, you have the right to:
In addition, you have the right to
ask us not to process your personal information for marketing purposes. We will usually inform you
(before collecting your personal information) if we intend to use your personal information for such
purposes or if we intend to disclose your information to any third party for such purposes.
You can exercise any of these rights by sending
an email frank@carcrackaway.com with “EU Privacy Rights” in the subject line. If you believe that we have not
complied with its obligations under this Privacy Policy or European law, you have the right to make a
complaint to an EU or UK Data Protection Authority.
- request access to your personal information;
- request correction of your personal
information;
- request erasure of your personal information;
- object to processing of your personal
information;
- request restriction of processing your
personal information;
- request transfer of your personal information;
and
- withdraw your consent.
Contacting Us
If you have any questions or concerns about this
privacy policy or our practices you can contact us by email or write to us at:
Please be sure to identify the specific website,
product, or service about which you have a question or concern and how we can contact you.
Changes to This Privacy Policy
We may revise this privacy policy from time to
time; because our privacy policy can change at any time, we encourage you to reread it periodically to
see if there have been any changes that affect you. If you disagree with any changes to this privacy
policy and do not wish your information to be subject to the revised privacy policy, you will need to
deactivate your account or terminate your services. Your use of our sites and services following any
such change constitutes your agreement that all information collected from or about you through our
sites and services after the revised privacy policy is posted will be subject to the terms of the
revised privacy policy.