This Privacy Notice describes how HP Tuners, LLC (“Company,” “we,” “us,” “our”) collects, uses, and discloses information about individuals who use our websites (including, www.hptuners.com), our applications (including, mobile applications), hardware, products, services, tools and features, or otherwise interact with us, including attending in-person events (collectively, the “Services”) when we process such data for our own independent purposes (i.e., when we act as a controller / business). For purposes of this Privacy Notice, “you” and “your” means you are a Customer (defined below) or a representative of a company with whom we do business or another individual whose information we have collected pursuant to this Privacy Notice. This Privacy Notice is designed for our Services for individuals in the United States only and are not intended for individuals in other locations.
To the extent the European Union General Data Protection Regulation or the UK General Data Protection Regulation (together referred to as the “GDPR”) applies to our own independent processing activities, HP Tuners Europe Ltd are the controllers of such data (unless otherwise stated). If you are a resident of the EU or UK, you can review our privacy notice provided by HP Tuners Europe Ltd here.
Please read this Privacy Notice carefully. By using any of the Services, you agree to the collection, use, and disclosure of information about you as described in this Privacy Notice. If you do not agree to this Privacy Notice, please do not use or access the Services.
The links below will bring you to specific areas of our Privacy Notice. Please read on for the full Privacy Notice:
- Scope of this Privacy Notice
- Changes to this Privacy Notice
- Collection of Information
- Uses of Information
- Cookies and Other Tracking Technologies
- Disclosure of Information
- Social Features
- Third Party Websites and Services; Links and Embedded Content
- Children’s Privacy
- Data Security and Retention
- California Residents
- Your Privacy Rights
- Exercise Your Rights
- Language
- How to Contact Us
This Privacy Notices explains the types of information we process about you when you:
- Visit our website, make inquiries, request a demo of our Services, attend our events or otherwise interact with us offline or contact us, in each case, in your individual capacity (“Customers”).
- Set up, access, or operate our Services (e.g., hardware) for or on behalf of one of our Customers, in a business capacity (e.g., an employee at a tuning shop) who has entered into an agreement with us (“Reseller(s)”).
Depending on your role as noted above, this Privacy Notice will apply to you differently and sets out our practices for processing that information, as well as your rights in determining what we do with the information that we collect and hold about you.
This Privacy Statement does not apply to our services that present a separate privacy notice that do not reference or incorporate this Privacy Notice – we may provide additional supplementary privacy notices as needed.
We may modify this Privacy Notice from time to time, in which case we will update the “Last Updated” date at the top of this Privacy Notice. If we make material changes to how we use or disclose information that we collect or process, we will use reasonable efforts to notify you (such as emailing you at the last email address you provided us or posting notice of such changes on the Services) and will take additional steps as required by applicable law.
We encourage you to periodically review this Privacy Notice to stay informed about our collection, processing and sharing of information about you.
If you do not agree to any updates to this Privacy Notice, please do not continue using or accessing the Services.
When you use or access the Services, we collect certain categories of information about you from a variety of sources.
INFORMATION YOU PROVIDE TO US
Some features of the Services may require you to directly provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features. Information that you directly submit through our Services includes:
- Contact Information, such as name, date of birth, mailing or shipping addresses, country of residence, telephone, and email address.
- Account Information, such as contact information, username, password, and in some cases, profile photo, and other details to your account. If you choose to register an account, you are responsible for keeping your account credentials safe. We recommend you do not share your access details with anyone else. If you believe your account has been compromised, please contact us immediately.
- Professional Information, such as business contact information (e.g., name, business phone number, work address, job titles, company names, and business email address).
- Commercial Information, such as products or services purchased (e.g., credits for your vehicle, hardware, etc.).
- Payment Information, such as bank account, credit or debit card information, billing address and other related billing information.
- Vehicle Information, such as vehicle identification number (VIN), make, model, year, and related vehicle data, such as vehicle calibration.
- Communication Records, such as voicemail recordings and live chat transcripts.
- User-Generated Content, such as messages, photos, and recordings, submitted by you through our discussion forums (“UGC”). We or others may store, display, reproduce, publish, or otherwise use UGC, and may or may not attribute it to you. Others may also have access to UGC and may have the ability to share it with third parties. You understand that, even after removal, copies of UGC may remain viewable in cached and archived pages and may have been copied or stored by Internet archives and others. If you choose to submit UGC to any public area of the Services, your UGC will be considered “public” and will be accessible by anyone, including us.
- Any other information you choose to include in communications with us or provide to us, for example, when sending a message through the Services or submitting information about you via a form through the Services, providing us with feedback, completing a survey, or conducting a product review.
INFORMATION WE COLLECT AUTOMATICALLY
We also automatically collect certain information about your interaction with the Services or when you open an email (“Usage Data”). To do this, we may use cookies, pixels, SDKs, web beacons/clear gif, and geolocation tracking technologies, etc. (“Tracking Technologies”). Usage Data includes:
- Device information, such as device type, operating system, device ID, unique device identifier, screen resolution, media access control (MAC) address, internet protocol (IP) address, and internet service provider.
- Location information, such as approximate location based on IP address or precise geolocation, if you choose to provide it.
- Other information regarding your interaction with the Services, such as operating system, browser type, log data, date and time stamps, pages you access on the Services, websites you access before and after visiting the Services, features used, emails and advertisements viewed, products purchased, length of time spent on the Services (including specific webpages), crash logs, products viewed, clickstream data, and ad impressions.
For more information on how we use Tracking Technologies and your choices, see the section below, Cookies and Other Tracking Technologies.
INFORMATION COLLECTED FROM OTHER SOURCES
We may obtain information about you from outside sources, including information that we collect directly from third parties and information that you choose to have shared with us. Such third parties and information includes:
- Publicly Available Sources. Contact Information, Professional Information, and Vehicle Information that we obtain from publicly available sources, including public records, professional directories, news articles, and publicly accessible social media profiles.
- Private Databases. Vehicle Information we obtain from private databases.
- Reseller. Contact Information, Account Information, Vehicle Information and / or Commercial Information and other related information such as car diagnostics, issues related to your vehicle, and specific hardware or Services that you’ve used on your vehicle if you or the Reseller uses certain Services, such as Tune Delivery Network.
- Business Partners and Referrals. Contact Information and Professional Information that we receive from resellers of our Services, Resellers, co-marketing partners, referral programs, or event co-sponsors.
- Analytics Providers. Information such as IP address, device identifiers, engagement metrics, approximate location, ecommerce purchase interaction data, referral URLs, etc. that we receive from analytics providers such as Google Analytics.
- Customers. Contact Information we receive from Customers who may have invited you to the Services, for example, asking you to review their live stream or locate their vehicle in relation to our mobile apps. If you provide us or our Service Providers with information related to any third party, you represent that you have the authority to do so, and where required, have obtained the necessary consent.
- Event Organizers and Sponsors. Contact Information and Professional Information (such as name, email address, company name, job title, and attendee badge information) that we receive from trade show organizers, conference hosts, or event sponsors when you attend or register for an event where we are a participant or sponsor.
- Advertising Partners. Information such as conversion reports, matched audience segments, and campaign performance data that we receive from advertising or retargeting partners such as Google Ads, Meta, and Digital Silk.
- Social Media Platforms. Contact Information and Usage Data (such as interactions with our pages or posts, and profile information you have made publicly available based on your settings) that we receive from social media platforms.
Any information we receive from outside sources will be treated in accordance with this Privacy Notice. We are not responsible for the accuracy of the information provided to us by third parties and are not responsible for any third party’s policies or practices. For more information, see the section below, Third Party Websites and Links.
EXAMPLES OF HOW COLLECTION APPLIES TO YOU
The information we collect depends on how you interact with us and the Services you use. For example, if you:
- Inquire about our Services, downloads content, or subscribes to our publications, we may collect Contact Information (e.g., name, email address, phone number) and Professional Information if you are a Reseller (e.g., job title, company name, industry).
- Visit our offices or other premises, we may collect Contact Information, Physical Security Information, and other visitor log information (e.g., time of entry, host visited).
- Register for, attend, or participate in our events, webinars, programs, trainings, or certifications, we may collect Basic Contact Details, Professional Information, and Event-Related Information (e.g., registration details, dietary restrictions, accessibility requirements, session selections).
- Are employed by or associated with a Reseller and your information is shared with us in our capacity as a controller (for example, during the sales, contracting, or account management process), we may collect Contact Information and Professional Information.
- Participate in surveys, research or other similar data collection facilitated or otherwise commissioned by us.
If you interact with us in any other capacity, we may collect information relevant to that interaction, as described in the sections above.
With respect to the categories of information we collect, we use information about you as described below.
| Categories of Information | Uses of Information |
|---|---|
| Contact Information; Account Information; Transaction and Billing Information; Usage Data; User Generated Content | Service Delivery. To provide and operate the Services, including through the use of artificial intelligence and machine learning technologies, and to develop new features and functionality; process transactions; administer accounts; respond to requests; and carry out the activities for which the information was collected. |
| Contact Information; Account Information | Service Communications. To send service-related and transactional communications, including confirmations, updates, responses to inquiries, and other notices related to your use of the Services. |
| Contact Information; Usage Data | Personalization, Advertising, and Analytics. To tailor and personalize your experience on the Services; customize the content we display; provide recommendations; understand usage and improve the Services; and support advertising and retargeting activities, including sharing information with third-party Analytics Providers and Advertising Partners. |
| All categories | Aggregation and Benchmarking. To create aggregated, anonymized, or de-identified data sets for internal analytics, benchmarking, industry reporting, and product development purposes. |
| Contact Information; Professional Information | Marketing Communications. To send marketing communications about our Services, new products, new services, and events; tailor marketing based on your preferences or interactions; and manage email subscriptions and opt-outs; message and data rates may apply. |
| Usage Data; Communication Records | Evaluation and Improvement. To analyze and understand usage of the Services; evaluate user preferences; test, develop, and improve features; support marketing and communication strategies; and conduct troubleshooting or statistical analysis. |
| Communication Records; Identifiers | Quality Assurance. To perform quality assurance; support customer service teams; and monitor interactions such as customer service calls. |
| All categories, as required | Security and Fraud Prevention. To detect, investigate, and prevent fraud, abuse, unauthorized access, or other harmful or unlawful activity; and to maintain the security, integrity, and functionality of the Services |
| Usage Data; User Generated Content | Research and Development. To develop new products, features, or services; conduct internal research; test and train algorithms or models; and support innovation and operational improvements |
| Identifiers; Account Information; Professional Information; Transaction and Billing Information | Contractual Obligations. To perform our contractual obligations with Clients, partners, and service providers; manage relationships; and support related business operations |
| All categories, as required | Legal, Safety, and Compliance. To comply with applicable laws; respond to lawful requests; enforce our terms; manage disputes; and protect the rights, safety, and property of us, our users, employees, or the public |
| As identified at time of consent. | With Your Consent. With your consent, we may use or share information in ways not described in this Privacy Notice |
We may combine information we collect directly from you with information we collect automatically and information we receive from third parties. We may also combine information collected across devices, sessions, or Services. The combined information will be used for the purposes described in this Privacy Notice.
We may deidentify information about you such that it cannot reasonably be used to infer information about you or otherwise be linked to you (or we may collect information that has already been deidentified), and we may use and disclose such deidentified information for any purpose. To the extent we possess or process any deidentified information, we will maintain and use such information in deidentified form and not attempt to re-identify the information, except solely for the purpose of determining whether our deidentification process satisfies legal requirements.
The Services use Tracking Technologies to conduct or facilitate: Service Delivery; Evaluation and Improvement; Personalization, Advertising, and Analytics; and other purposes described in this Privacy Notice.
Third parties, including Analytics Providers and Advertising Partners, may also place Tracking Technologies on your device when you use the Services. The information collected by these third party Tracking Technologies is governed by the privacy policies of those third parties. For example, we utilize Google Analytics and other analytical tools offered by Google. For more information on how Google uses this data, visit Google’s page on How Google uses data when you use websites or apps that use Google Services. To prevent this data from being used by Google Analytics, follow the instructions to download and install the Google Analytics Opt-out Browser Add-on for each browser you use. Using the Google Analytics Opt-out Browser Add-on will not prevent us from using other analytics tools and will not prevent data from being sent to the Service itself or to Google.
Where required by applicable law, we obtain your consent before placing non-essential Tracking Technologies on your device. You may withdraw your consent or adjust your preferences at any time through our cookie preference center.
Most browsers automatically accept Tracking Technologies, but you may be able to adjust your browser or device settings to refuse or delete them. If you choose to block or delete Tracking Technologies, some features or functionality of the Services may not operate correctly. Cookie (and Tracking Technology) settings typically apply only to the specific browser or device you are using, so changes made in one browser or device will not necessarily carry over to others.
For more information about the specific Tracking Technologies we use, including the categories of cookies, their providers, purposes, and duration, please see our Cookie Notice at https://www.hptuners.com/cookie-policy/. You can find more information about cookies and how to manage them [here].
DO NOT TRACK & GLOBAL PRIVACY CONTROLS
Your browser settings may allow you to transmit a “do not track” signal, “opt-out preference” signal, or other mechanism for exercising your choice regarding the collection of information about you when you visit various websites. Like most websites, our website does not currently respond to “do not track” signals. Please note that Do Not Track is a different functionality from the browser-based Global Privacy Control signal.
Our website recognizes the Global Privacy Control (GPC) signal which enables you to opt out of certain uses or disclosures of information about you. If you notify us of your preference through GPC, we will honor your request only for the browser or device that sends the GPC signal. When you log into your account, the opt out will extend to your account as well. If you do not have an account or are not logged into your account, your request to opt out through the GPC will not apply to any account information. To learn more about Global Privacy Control, you can visit https://globalprivacycontrol.org or https://innovation.consumerreports.org/data-rights-protocol-and-global-privacy-control/.
We may disclose information about you to third parties for legitimate purposes subject to this Privacy Notice, including the following categories of third parties:
- Related Entities. Our parent companies, affiliates, subsidiaries, or others within our corporate group (e.g., under common ownership or control).
- Resellers. If a Reseller provides you with access to the Services as an authorized user or personnel, we may disclose information about you to that Reseller in connection with your use of the Services.
- Service Providers. Vendors or other service providers who help us provide the Services, including for system administration, cloud storage, shipping and logistics, security, website hosting, mailing, marketing communications, web analytics, payment networks, and payment processing, and other operational functions.
- Analytics Providers. Third party analytics providers who help us understand usage patterns and improve the Services.
- Advertising Providers. Third parties who assist with advertising, retargeting, measurement, audience insights, or marketing activities, including ad platforms and ad networks.
- Professional Advisors. Auditors, law firms, accounting firms, and other professional advisors who support our business.
- Business Transactions. Third parties in connection with or anticipation of a bankruptcy, asset sale, merger, reorganization, financing, or other business transaction.
- At Your Direction. Third parties to whom you request or direct us to disclose information, including through your use of social media widgets, plug-ins, or single sign-on integrations.
We may also disclose information about you as needed to comply with applicable law (e.g., respond to a subpoena or other lawful request) or any obligations thereunder or to cooperate with law enforcement, judicial orders, and regulatory inquiries, to enforce any applicable terms of service, and to ensure the safety and security of our business, employees, and users.
Certain features of the Services allow you to initiate interactions between the Services and third party services or platforms, such as social networks (“Social Features”). Social Features include features that allow you to access our pages on third party platforms, and from there “like” or “share” our content. Use of Social Features may allow a third party to collect and/or use information about you. If you use Social Features, information you post or make accessible may be publicly displayed by the third party service. Both we and the third party may have access to information about you and your use of both the Services and the third party service for more information, see the section below, Third Party Websites and Links.
We may provide links to third party websites or platforms. If you follow links to websites or platforms, or otherwise provide your information to a third party that we do not control or with whom we are not affiliated, whether or not related to the Services, you should review the applicable privacy notice, policies, and other terms. We are not responsible for the privacy or security of, or information found on, or provided to, these websites or platforms. Information you provide on public or semi-public venues, such as third party social networking platforms, may also be viewable by other users of the Services and/or users of those third party platforms without limitation as to its use. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owner or operators.
The Services may also incorporate features, add-ons, portals, and content including feeds, scripts embedded in the Services’ code, and visible content (e.g., videos), provided by third parties. In some cases, those third parties collect data about how you interact with their content.
GOOGLE MAPS FEATURES
The Services may also include Google Maps features and content. Google Maps features and content is subject to the then-current versions of Google Maps/Google Earth Additional Terms of Service and Google Privacy Policy.
Children under the age of 18 are not permitted to use the Services, and we do not seek or knowingly collect any personal information about children under 18 years of age. If we become aware that we have unknowingly collected information about a child under 18 years of age, we will make commercially reasonable efforts to delete such information. If you are the parent or guardian of a child under 16 years of age who has provided us with their personal information, you may contact us using the information below to request that it be deleted.
Despite our reasonable efforts to information about you, no security measures are impenetrable, and we cannot guarantee “perfect security.” Any information you send to us electronically, while using the Services or otherwise interacting with us, may not be secure while in transit. We recommend that you do not use unsecure channels to send us sensitive or confidential information.
Information you provide to us should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up to date. We retain information about you for as long as it is reasonably necessary for the purposes specified in this Privacy Notice. When determining the length of time to retain information about you, we consider various criteria, including whether we need the information to continue to provide you the Services, improve product performance, resolve a dispute, enforce our contractual agreements, prevent harm, promote safety, security and integrity, or protect ourselves, including our rights, property or product.
This section applies to you only if you are a California resident. For purposes of this section, references to “personal information” shall include “sensitive personal information,” as these terms are defined under the California Consumer Privacy Act (“CCPA”).
PROCESSING OF PERSONAL INFORMATION
In the preceding 12 months, we collected the categories of personal information listed in the table below (as each are enumerated and defined in the CCPA). For each category of personal information, we indicate: (i) the business or commercial purposes for which the information was collected or used, as described in the Uses of Information section above, and (ii) the categories of recipients to whom we disclosed the information for a business purpose, as described in the Disclosure of Information section above.
We only use and disclose sensitive personal information for the purposes permitted under the CCPA.
| Category of Personal Information | Business or Commercial Purpose for Collecting and Processing | Categories of Recipients |
|---|---|---|
| Identifiers such as name, e-mail address, IP address | Research and Development; Service Delivery; Service Communications; Personalization, Advertising, and Analytics; Marketing Communications; Quality Assurance; Security and Fraud Prevention | Related Entities; Service Providers |
| Personal information categories listed in the California Customer Records statute such as name, address, or telephone number | Service Communications; Marketing Communications; Security and Fraud Prevention | Related Entities; Service Providers |
| Commercial information such as records of products or services purchased | Service Delivery; Service Communications; | Related Entities; Service Providers |
| Internet or other similar network activity such as information regarding your interaction with the Services | Service Delivery; Marketing Communications; Security and Fraud Prevention | Service Providers; Analytics Providers; Advertising Providers |
| Approximate geolocation data such as IP address | Research and Development; Security and Fraud Prevention; Service Delivery | Service Providers; Analytics Providers; Advertising Providers |
| Audio, electronic, visual, thermal, olfactory, or similar information such as photographs, video recordings and voice recordings | Marketing Communications; Quality Assurance | Service Providers |
| Professional or employment-related information such as title of profession, employer, professional background, etc. | Legal, Safety, and Compliance | Related Entities; Service Providers |
The criteria we use to determine how long to retain personal information about you is described in the section above, Data Security and Retention.
SELLING AND/OR SHARING OF PERSONAL INFORMATION
We do not have actual knowledge that we “sell” or “share” (as those terms are defined under the CCPA and used throughout this section) personal information of residents under 18 years of age.
However, we do “sell” and/or “share” certain categories of personal information for cross-context behavioral advertising. In the preceding 12 months, we sold and/or shared the categories listed below.
| Category of Personal Information Sold/Shared | Categories of Purposes | Categories of Recipients |
|---|---|---|
| Identifiers | Cross-context behavioral advertising; interest-based advertising; advertising measurement and attribution; measuring the effectiveness of marketing campaigns | Advertising and advertising-technology providers; advertising networks; marketing partners |
| Internet or other similar network activity | Cross-context behavioral advertising; interest-based advertising; measuring and analyzing interactions with advertisements and the HPT Online Services; advertising measurement and attribution | Advertising and advertising-technology providers; advertising networks; marketing partners |
Depending on where you are located, you may have certain rights regarding your personal information, subject to applicable law and any exceptions. Where available to you, these rights include:
- Know. Obtain a list of third parties to whom we’ve disclosed personal information to, or if we do not keep a specific list, a list of third parties we generally disclose personal information to.
- Access. Request a copy of the specific pieces of personal information we hold about you.
- Portability. Receive a copy of personal information we process about you in a structured, commonly used, and machine-readable format, and request that we transmit it to a third party where technically feasible.
- Correction. Request correction of personal information that is inaccurate, incomplete, or out of date.
- Deletion. Request deletion of personal information about you, subject to certain exceptions.
- Withdrawal of Consent. Where we rely on consent to process personal information about you, withdraw that consent at any time.
- Objection to Marketing. Object to the use of personal information about you for direct marketing purposes at any time.
- Restriction of Processing. Request that we stop processing personal information about you other than for storage purposes, in certain circumstances.
- Objection to Processing. Object to our processing of personal information about you where we rely on legitimate interests as our legal basis.
- Right to Opt Out of Selling or Sharing. Opt-out of (i) the sale of personal information about you; and/or (ii) the use of personal information about you for targeted advertising purposes. Exercise this right by using the Global Privacy Control as noted in the Do Not Track & Global Privacy Controls section above or via the following form: https://www.hptuners.com/opt-out-form/
- Limit Use of Sensitive Personal Information. Direct us to limit our use and disclosure of your sensitive personal information.
- Non-Discrimination. Not receive discriminatory treatment for exercising your privacy rights.
If this Privacy Notice expressly stated above that you have certain rights, or applicable law grants you certain rights as it relates to the Services and information, we collect about you, you may exercise any of these rights by contacting us using the information provided below. You may submit a request to us by:
- Emailing: [email protected]
- Submitting a Request: Opt Out Form – HP Tuners
- Calling: 1-866-457-3206 (toll free)
Or by following the opt out methods and processes identified above. For clarity, to exercise your rights to opt-out of the “selling” or “sharing” of personal information about you, you must follow the instructions provided under the Your California Privacy Rights section noted above.
APPEALS
Additionally, you may have the right to appeal our decision regarding a request related to these rights by contacting us using the information provided below. If the appeal is denied, you may submit a complaint to the applicable government regulator or authority in the jurisdiction in which you are located (for example, the state Attorney General in the state in which you reside).
When you submit a request or an appeal, we will limit our collection of information about you to only what is necessary to securely fulfil your request or process your appeal. Making a request or appeal does not require you to create an account with us.
VERIFICATION
To verify certain requests, for example, requests to know, delete, or correct, we may need to collect additional information to verify your identity and the request, such as your email address, government issued ID or date of birth, before providing a substantive response to the request.
Some jurisdictions, depending on your location, permit you to authorize an agent to make requests on your behalf to exercise your rights. If you have a registered agent to act on your behalf, we have the right to authenticate such agent’s authority to act.
Except as otherwise prescribed by applicable law, in the event of any inconsistency between the English language version and local language version of this Privacy Notice, the English language version will prevail.
Should you have any questions about our privacy practices or this Privacy Notice, please email at [email protected] or call us at 877-465-8863.