Website Privacy Policy

HP TUNERS, LLC (TOGETHER WITH ITS AFFILIATES, “HP TUNERS”, “WE”, “US” AND “OUR”) RESPECTS YOUR CONCERNS ABOUT PRIVACY AND PROTECTING YOUR PERSONAL DATA. THIS PRIVACY POLICY APPLIES TO YOUR ACCESS AND USE OF ANY HP TUNERS ONLINE SERVICES THAT REFERENCE THIS PRIVACY POLICY, INCLUDING OUR WEBSITE, APPLICATIONS, PLATFORMS, AND MOBILE APPLICATIONS (“HPT ONLINE SERVICES”). BY DOWNLOADING OR USING ANY OF THE HPT ONLINE SERVICES, YOU ARE AGREEING THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS PRIVACY POLICY, OUR TERMS OF USE, AND CONSENT TO OUR COLLECTION, USE AND DISCLOSURE PRACTICES, AND OTHER ACTIVITIES DESCRIBED IN THIS PRIVACY POLICY. IF YOU DISAGREE WITH ANY PART OF THIS PRIVACY POLICY OR OUR TERMS OF USE, THEN PLEASE DO NOT USE ANY OF THE HPT ONLINE SERVICES.

This Privacy Policy describes the types of information that HP Tuners collects from you when you visit the HPT Online Services, and how we use, share and protect that information. This Privacy Policy does not apply to information collected through any other entity sites that link to or are accessible from the HPT Online Services.

The links below will bring you to specific areas of our Privacy Policy. Please read on for the full Privacy Policy:

• The Types of Information We Collect
• How We Use the Information We Collect
• How We May Disclose Information We Collect
• Third Party Websites; Analytics and Online Advertising
• Your Rights and Choices
• Your California Privacy Rights
• Additional Disclosures for Colorado & Virginia Residents
• Your Nevada Rights
• Your European Privacy Rights
• Children’s Online Privacy
• International Transfer
• Data Security
• Updates to this Policy
• Contact Us
• Additional Disclosures for Data Subjects in Europe

INFORMATION YOU PROVIDE TO US

HP Tuners and its agents collect information you directly provide. We collect information when you register for an account, purchase our products, enroll in our mailing lists, contact Customer Care, or otherwise communicate or transact with us through the HPT Online Services. The information we collect includes information that identifies, describes, or is reasonably capable of being associated with you (“personal information”).

Categories of information we collect include the following:

• Name and Contact Data: Your first and last name; mailing address; telephone number; e-mail address, and other similar contact data.
• Credentials: Username and password, and similar security information (for account authentication and administration).
• Payment Data: Data required to process payments for purchases made through the HPT Online Services, such as your financial account information and related payment information.
• Content: The content of messages you send to us, such as feedback and other messages provided to customer service as well as the content of communications as needed to provide you with the HPT Online Services you use.
• Resume Data: Data as necessary to consider you for a job opening if you apply for employment with us, such as your employment and education history and professional references.

You may choose to voluntarily submit other information to us through the HPT Online Services that we do not request, in which case you are solely responsible for such information.

Except as prohibited by applicable law, information that is aggregated and/or “de-identified” is not subject to this Privacy Policy, and we may use it without obligation to you.

INFORMATION COLLECTED AUTOMATICALLY

We automatically collect information about your device and how your device interacts with the HPT Online Services. We also may use third party service providers and business partners to collect this information. Categories of information we automatically collect include the following:

1. Service Use Data: Data about the features you use, the pages you visit, the e-mails and advertisements you view, the products you view and purchase, and other similar information.
2. Device Connectivity and Configuring Data: Data about the type of device or browser you use, your device’s operating software, your internet service provider, and other similar information.

When you use the HPT Online Services, we use various tracking technologies to automatically collect information (“Tracking Technologies”), including the following:

• Log Files: A log file records events that occur with your use of the HPT Online Services, such as your service use data.
• Cookies: Cookies are small data files stored on your device browser directories to store information about your use of the HPT Online Services and your activities online (collectively, “Cookies”). We use Cookies so that we can improve your online experience, such as by remembering you when you come back to the HPT Online Services and making the content you see more relevant to you. Cookies also allow us to track your online purchases.
• Pixel Tags (“Web Beacons” or “clear gifs”): Pixel Tags are small graphic images embedded in web pages, e-mail messages, videos, or advertisements that send information about your use to a server and permit us or a separate entity to drop or read cookies on your browser. Pixel tags are used in combination with cookies to track user activity, including to count the number of visitors to the HPT Online Services, to monitor how users navigate the HPT Online Services, and to count content views.
• Embedded Scripts: An embedded script is programming code designed to collect information about your interactions with the HPT Online Services. It is downloaded onto your device temporarily and is active only while you are connected to the HPT Online Services, and is deleted or deactivated thereafter.
• Device Fingerprinting: Device fingerprinting is the process of analyzing and combining information from your device’s browser in order to create a “fingerprint” of your device and uniquely identify your browser, device and applications.
• Information about your use of the HPT Online Services and other sites and apps may be collected using Tracking Technologies and used by us to deliver relevant ads and/or other content to you and for other related purposes.

Please see the “Analytics and Advertising” and “Your Rights and Choices” sections below for further information on how we use Tracking Technologies for analytics and advertising and your rights and choices in connection with those items.

INFORMATION FROM OTHER SOURCES

We also receive information about you from other sources. For example, we receive information about your purchases from payment processors. We will treat information from third party sources in accordance with this Privacy Policy (plus any additional restrictions imposed by the applicable third party sources) to the extent that we combine information from other sources with information we have collected through the HPT Online Services. The categories of sources from which we collect information include the following:

• Data brokers or resellers.
• Social networks when you reference HP Tuners or our HPT Online Services.
• Partners that help sell or distribute our products, or partners who engage in joint marketing activities with us.
• Publicly-available sources.

See the “Technology Integrations” section below for further information on services provided by other entities.

In accordance with the practices described in this Privacy Policy, we collect and use information about you for business purposes, which include:

• Processing and managing the HPT Online Services, including your use of our products and services;
• Responding to your inquiries or requests and performing other services requested by you;
• Analyzing data and performing fraud monitoring and prevention; improving or modifying the HPT Online Services; to identifying usage trends; and operating and improving our business activities; and
• Communicating with you about HP Tuners, including about your purchases, your accounts, and your requests for information; sending you technical notices, security alerts, and administrative messages; and updating you about changes to the HPT Online Services, policies, and/or terms.

Please see the section entitled “Your Rights and Choices” below for information on your rights and choices regarding how we use your information.

We share information about you with other entities for purposes consistent with this Privacy Policy or as permitted by applicable law. The categories of entities to whom we disclose information include:

SERVICE PROVIDERS

We disclose information to entities that process that information on our behalf, including service providers that provide website hosting, professional services, information technology services and related infrastructure, customer service, marketing, e-mail delivery, auditing, and other similar services. We attempt to contractually prohibit our service providers from retaining, using, or disclosing information about you except as needed to perform the service for us, although we may permit them to use information that does not identify you, such as aggregated or de-identified information, for any purpose except as prohibited by applicable law.

VENDORS

We share information with vendors, including analytics and advertising technology companies. Vendors may act as our service providers, and in some cases may independently decide how to process your information. See the “Advertising and Analytics” section below for more information.

BUSINESS PARTNERS AND OTHER ENTITIES

We disclose information to our business partners and other entities for their own business purposes, including direct marketing purposes.

We do not generally sell information as the term “sell” is generally understood. We will comply with applicable law to the extent the California Consumer Privacy Act is interpreted to include advertising technology activities (such as those disclosed in the “Analytics and Advertising” section below) as a “sale”.

We disclose the following categories of personal information for commercial purposes: contact information and identifiers such as cookies, characteristics, commercial or transactions information, demographic information, service use data, internet or other electronic network activity information.

California residents have the rights described in “Additional Disclosures for California Residents” below, including the opt out rights set forth therein.

SHARING AT YOUR REQUEST

We disclose information as needed to perform services you request or actions you initiate, such as when you post information on our message boards and forums. Information posted in a public forum becomes public information, and you are solely responsible for that information. In addition, you may not be able to modify or delete posted information, subject to the additional rights set out in the “Your Rights and Choices” section below.

CORPORATE TRANSACTIONS OR EVENTS

We reserve the right to disclose information in connection with, or during negotiations of, any corporate reorganization, merger, sale, joint venture, assignment, purchase, transfer or any other disposition or acquisition or business combination of all or any portion of our business, assets or stock, including in connection with any bankruptcy or similar proceedings.

OTHER LEGAL REASONS

We also use or disclose information as we deem necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may sustain; (5) to protect our operations; and (6) to enforce our terms and conditions.

CONSENT

We share information for any other purpose disclosed to you and with your consent. We may share aggregated information which does not identify you or de-identified information about you except as prohibited by applicable law.

See the “Your Rights and Choices” section below for information on your rights and choices regarding your information.

LINKS TO THIRD PARTY WEBSITES

The HPT Online Services may link to third party websites. If you visit one of these websites, you should read the website’s privacy policy, terms and conditions, and other policies. We are not responsible for third parties’ policies and practices. Any information you provide to those organizations will be handled pursuant to their policies.

ANALYTICS AND ONLINE ADVERTISING

We use Google Analytics and other third parties for analytics services. These services use Tracking Technologies to track users’ actions, to measure user activity on the HPT Online Services, and to provide other services relating to the HPT Online Services. We also work with advertisers and other technology services to advertise our products and services on the HPT Online Services and other websites.

We incorporate Tracking Technologies into our HPT Online Services as well as our advertisements. Some of these Tracking Technologies track marketing efforts and deliver specific advertisements to users based on their activities on the HPT Online Services.

As stated above, vendors may act as our service providers, or in some contexts, independently decide how to process your information. You may review their privacy policies and terms of use to determine how your information may be used.

See “Information Collected Automatically” above and “Your Rights and Choices” below for additional information on Tracking Technologies and your rights and choices regarding analytics.

REVIEW OF YOUR ACCOUNT INFORMATION

You can change, modify or update certain account information we have on file about you that you have submitted through the HPT Online Services by visiting the account section of the HPT Online Services. Alternatively, you may call us at 847-465-8863 to request that it be modified or removed. Upon your request to remove information, we will remove it from consumer-facing parts of the HPT Online Services, but may continue to store and use the information for internal analytics purposes as permitted under applicable law.

We may retain your information for as long as your account is active or as reasonably useful for commercial purposes and to comply with our legal obligations or data retention policies, resolve disputes, and enforce our agreements.

COMMUNICATIONS

We may send you updates about our products, as well as transactional communications, such as notices regarding a transaction you have conducted or messages about your existing account. We require you to opt-in for text messages or push notifications.

You can opt-out of these communications by following the instructions contained in the communications. You can also update contact preferences for your account by visiting the HPT Online Services. Opt-out requests will be limited to the e-mail address, phone number, or device used and will not affect subsequent subscriptions. Opt-out requests will not apply to transactional communications or relationship communications, including messages about your account, transactions, servicing, or HP Tuners’ ongoing business relations.

TRACKING TECHNOLOGIES GENERALLY AND “DO NOT TRACK”

If you do not want to receive Cookies or want to limit when you accept Cookies, you can manage your browser settings to reject or delete Cookies or to alert you when a Cookie is placed on your device. If you use multiple browsers on your device, you will need to manage the settings of each browser. Your ability to limit Cookies is subject to your browser settings and limitations. You are not required to accept our Cookies, but rejecting all Cookies may limit your ability to use all of the features and functionality of the HPT Online Services. For example, you may not be able to add items to your Shopping Cart or access portions of the HPT Online Services that require you to sign in. To find out more about Cookies, visit https://www.allaboutcookies.org.

If you are using our applications, including but not limited to the Tune Delivery Network or Track Addict apps, you can stop all collection of information in the specific app by uninstalling the app. You may be able to exercise specific privacy choices by adjusting the permissions in your mobile device. If you disable or remove these technologies, some parts of the HPT Online Services may not work.

Your browser settings may allow you to transmit a “Do Not Track” signal to the online services you visit, but there is no industry consensus as to what site and app operators should do in response to these signals. Unless in the future the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit https://www.allaboutdnt.com.

ANALYTICS AND INTEREST-BASED ADVERTISING

You may opt out of the use of certain information collected by Google Analytics at https://tools.google.com/dlpage/gaoptout, by Google Analytics for Display Advertising or the Google Display Network at https://www.google.com/settings/ads/onweb, or downloading the Google Analytics Opt-out Browser Add-on.

Most of the companies that work with us to provide our users with targeted ads support the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance (“DAA”) (“Principles”). This means that you may control certain aspects of the collection of information about your online activities for online interest based advertising purposes. More information about the Principles can be found at www.aboutads.info/. If you want to opt-out of receiving online interest-based advertisements on your internet browser from companies that participate in the DAA Self-Regulatory Program for Online Behavioral Advertising and perform advertising-related services for us, follow the instructions at www.aboutads.info/choices, or https://www.networkadvertising.org/choices. An opt-out Cookie will be placed on your device indicating that you do not want to receive interest-based advertisements. Opt-out Cookies only work on the internet browser and device on which they reside. If you want to opt-out of interest-based advertisements across all of your browsers and devices, you will need to opt-out on each browser on each device. If you delete Cookies on your device generally, you will need to opt-out again. To opt-out of online interest-based advertisements on mobile apps, follow the instructions at https://www.aboutads.info/appchoices.

When you opt-out of receiving interest-based advertisements, you should no longer see online ads based on your particular interests, but this does not mean you will not see any advertisements from us or on the HPT Online Services. HP Tuners is not responsible for any third party’s opt-out programs. In addition, third party entities may still use Tracking Technologies to collect information about your use of the HPT Online Services, including for analytics and fraud prevention as well as any other purpose permitted under the Principles.

ADDITIONAL DISCLOSURES FOR CALIFORNIA RESIDENTS

These additional disclosures apply only to individuals who reside in California and are provided pursuant to the California Consumer Privacy Act, as modified by the California Privacy Rights Act of 2020 (the “CCPA”).

NOTICE AT COLLECTION

In the past 12 months, we have collected the following categories of personal information and sensitive personal information (as defined in the CCPA) which can be found [here]. Additionally, the link contains information about how we may share and/or sell your data as defined by the CCPA.

SUBMITTING REQUESTS RELATING TO YOUR PERSONAL INFORMATION

If you are a resident of California, you have the right to submit certain requests relating to your personal information. To exercise any of these rights, please submit a request through our webform [here] or call us at 847-465-8863. You will be asked to log into your account or to provide us with personal information required to verify your identity if you submit a request to know, delete, or correct information. You will still need to verify your identity directly with us before we can process your request if you designate an authorized agent to make a request on your behalf.

RIGHT TO KNOW. You have the right to know what personal information we have collected about you, which includes:

• The categories of personal information we have collected about you, including:
• Categories of sources from which the personal information was collected;
• Our business or commercial purposes for collecting, selling, or sharing personal information;
• Categories of recipients to which we disclose personal information;
• Categories of personal information that we sold, and for each category identified, categories of third parties to which we sold that particular category of personal information; and
• Categories of personal information that we disclosed for a business purpose, and for each category identified, the categories of recipients to which we disclosed that particular category of personal information.
• The specific pieces of personal information we have collected about you.

RIGHT TO DELETE. Subject to some exceptions, you have the right to request that we delete personal information we have collected from you. We will maintain and use the information in deidentified form only and will not attempt to re-identify the information to the extent we de-identify information to satisfy a deletion request.

RIGHT TO CORRECT INACCURATE INFORMATION. You have the right to request that we correct that information if you believe that the personal information that we have collected is not accurate.

RIGHT TO OPT OUT OF SALES AND SHARING OF PERSONAL INFORMATION. You have the right to opt out of the sale of your personal information and to request that we do not share your personal information for behavioral advertising purposes. To opt-out, please click [here]. If you choose to use the Global Privacy Control (GPC) browser signal, you will be opted out of cookie-based sales or sharing of personal information, and will need to turn it on for each browser you use.

RIGHT TO LIMIT USE AND DISCLOSURE OF SENSITIVE PERSONAL INFORMATION. You have the right to limit the use and disclosure of your sensitive personal information to uses/disclosures that are reasonably necessary to provide our products and services, or as needed to ensure security and to prevent fraud or illegal activity; for physical safety; for transient use, including for non-personalized advertising; to perform services on behalf of our business; and to verify or maintain the quality of a service or product owned, manufactured, or manufactured for us, and to improve or enhance such services or products. To limit our use of your sensitive personal information, please click [here].

RIGHTS RELATED TO AUTOMATED DECISION-MAKING. You have the right to opt out of automated decision-making, including profiling. We do not currently engage in automated decision-making.

RIGHT TO NON-DISCRIMINATION
California Residents have the right to not receive discriminatory treatment if and when they exercise their rights to access, delete, or opt-out under the CCPA.

This means we cannot, for example:

• Deny products or services to you;
• Charge different prices or rates for products or services, including through the use of discounts or other benefits or by imposing penalties;
• Provide a different level or quality of products or services to you; or
• Suggest that you will receive a different price or rate for products or services or a different level or quality of products or services.

Please note that we may charge a different price or rate, or provide a different level or quality of products and/or services to you, if that difference is reasonably related to the value provided to us by your personal information.

This Section provides additional information for Colorado and Virginia consumers, including how to exercise their rights under the Colorado Privacy Act (“CPA”) and the Virginia Consumer Data Protection Act (“VCDPA”).

ADDITIONAL INFORMATION ABOUT CERTAIN DATA USES

TARGETED ADVERTISING. We may process your personal information for targeted advertising (as the term is defined in the VCDPA). To opt out, please click [here].

SALES OF PERSONAL INFORMATION. We do not sell personal information as defined under the CPA or VCDPA.

MAKING A PRIVACY RIGHTS REQUEST

If you are a resident of Colorado or Virginia, you have the right to submit certain requests relating to your personal information. To exercise any of these rights, please submit a request through our link [here]. We will need to authenticate your identity before your request can be processed by logging into your account or by providing us with personal information necessary to verify your identity.

RIGHT TO ACCESS AND DATA PORTABILITY. You have the right to confirm whether we are processing your personal information and to access your personal information. You also have the right to receive a copy of personal information we collected about you in a portable format.

RIGHT TO CORRECT. You have the right to request that we correct inaccuracies in your personal information.

RIGHT TO DELETE. You have the right to request that we delete your personal information [here].

RIGHT TO OPT OUT. Under the VCDPA, you have the right to opt out of the following uses of your personal information: (a) targeted advertising; (b) the sale of personal information; and (c) profiling. We do not use your personal information in ways that qualify as sales or profiling under the CPA or VCDPA. To opt out of targeted advertising, please submit a request as outlined above.

RIGHT TO APPEAL. Sometimes we are unable to process requests relating to your personal information and will deny your request. If you are a resident of Colorado or Virginia and you believe we have previously denied your request in error, you may appeal for reconsideration of your request by emailing [email protected].

We will retain records of privacy rights requests for recordkeeping purposes.

Nevada law (NRS 603A.340) requires each business to establish a designated request address where Nevada consumers may submit requests that the business not sell certain kinds of personal information about the consumer. However, HP Tuners does not currently sell personal information as defined under Nevada law. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please contact us as at [email protected] and include the words “Nevada Rights” in the subject line.

Data subjects in Europe have additional rights as set out in the “Additional Disclosures for Data Subjects in Europe” section below.

HP Tuners recognizes the importance of protecting the children’s online privacy. The HPT Online Services are intended for general audiences and are not directed to children under thirteen (13). We do not knowingly collect personal information (as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”)) from children in violation of the COPPA. If you are a parent or guardian and you believe that we have collected information from your child in a manner not permitted by law, please e-mail us at [email protected] with the words “Children’s Privacy” in the subject line. If we learn that a child under 13 has provided us with personal information as defined by COPPA, we will delete the information to the extent required by COPPA.

HP Tuners controls and operates the HPT Online Services from within the United States of America. Even if you are accessing the HPT Online Services from outside of the US, information collected through the HPT Online Services may be transferred to, processed, stored, and used in the US and other jurisdictions. Our online privacy practices are governed by the laws of the United States and Illinois, which may differ from privacy laws in your state or home country. By using the HPT Online Services, you are expressly consenting to the processing, usage, sharing, storage, and transfer of your information in the US and other jurisdictions as set forth in this Privacy Policy.

In case of any inconsistency between this English-language privacy policy and its translation into another language, this English-language document shall control.

We implement and maintain reasonable security measures to help protect information about you from loss, theft, misuse and unauthorized access. However, transmission via the internet is not completely secure and we cannot guarantee the security of your information collected through the HPT Online Services.

We may change this Privacy Policy from time to time. Any changes will be effective immediately upon posting of the revised Privacy Policy. Your continued use of the HPT Online Services indicates your express consent to the Privacy Policy then posted. If we make any material changes to this Privacy Policy, we will include a prominent notice on the HPT Online Services or notify you directly. We encourage you to review this Privacy Policy each time you visit the HPT Online Services.

If you have any questions regarding this Privacy Policy, our privacy practices, our data practices, or our compliance with applicable law, you can email us at [email protected] or call us at 847-465-8863.

If you have a disability and would like to access this Privacy Policy in an alternative format, please contact us through any of the methods noted above.

Data protection laws in Europe distinguish between organizations that process personal data for their own purposes (known as “controllers”) and organizations that process personal data on behalf of other organizations (known as “processors”). HP Tuners acts as a “controller” with respect to personal data collected through the HPT Online Services.

LAWFUL BASIS FOR PROCESSING

Data protection laws in Europe require a “lawful basis” for processing personal data. Our lawful basis include where: (a) you have given consent to the processing for specific purposes, either to us or to our service providers; (b) processing is necessary for the performance of a contract with you; (c) processing is necessary for compliance with a legal obligation; or (d) processing is necessary for the purposes of the legitimate interests pursued by us or a third party, and your interests and fundamental rights and freedoms do not override those interests.

YOUR DATA SUBJECT RIGHTS

If you are a data subject in the European Economic Area (“EEA”), you have the right to access, correct, or erase any personal data we have collected about you through the HPT Online Services, subject to certain exceptions. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you through the HPT Online Services, subject to certain exceptions. You may withdraw your prior consent at any time for any data processing that we do.

To exercise any of these rights, contact us as set forth in the section entitled “Contact Us” above and specify which European privacy right you would like to exercise. We will respond to your request within thirty (30) days. We may require information from you necessary to verify your identity. We may continue to retain and use information even after a data subject request for purposes of our legitimate interests, including to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.

COMPLAINTS

If you have any issues with our compliance, you have the right to lodge a complaint with an EEA supervisory authority. We would welcome you contacting us first so that we have the opportunity to address your concerns before you contact a data protection regulator.