Terms

PRIVACY POLICY

Last Updated: August 14, 2020

 Torqata Data and Analytics LLC (“Torqata”, “we”, or “us”) respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect and our practices for collecting, using, maintaining, protecting and disclosing that information.

1. APPLICATION AND ACCEPTANCE OF THIS POLICY

This policy applies any time that we collect information from or about you, whether online or offline, unless specifically excluded or covered by a third-party’s privacy policy.  This policy applies when you interact with us either through this website or any of its sub or micro-sites, including any content, functionality and services offered on or through such website (collectively, the “Website”) our mobile applications, in person such as when you visit us at any of our offices or locations, when you communicate with us by phone, text, direct message, social media, or other similar functionality, or when you or your employer utilizes any of our analytics solutions, services or products.  This Policy also applies to the personal information about you that we receive from a third party, unless specifically covered by such third party’s privacy policy.  For the purpose of this policy, we refer to our Website, mobile applications, and our analytics solutions, services and products collectively as our “Services.”

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you should not access or use our Website.  By accessing or using our Services, you agree to this policy.

2. CHILDREN UNDER THE AGE OF 16 

Our Website is not intended for children under 16 years of age.  No one under age 13 may provide any information to or on Website. We do not knowingly collect or store personal information from children under 16. If you are under 16, do not use or provide any information on or through the Website or on or through any of their features/register on the Website, use any of the interactive or public comment features of the Website, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or user name you may use. If we become aware that we have collected or stored personal information from an individual under age 16, we will remove his or her personal information from our files. If you are a parent or guardian and believe we may have inadvertently collected personal information from your child, please notify us immediately by sending an email to legal@Torqata.com.

3. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We may collect several types of information from and about users of our Products, including information:

  • by which you may be personally identified, including your first, middle and last name; home and mailing addresses; email addresses; telephone numbers; credit or debit card number or other payment method; age, gender, billing information, and other types of personal information that you choose to provide to us or that we may obtain about you;
  • that is about you, but does not identify you; and
  • about your internet connection, the equipment and devices you use to access our Website and usage details.

We collect this information in three ways:

 Information You Provide to Us:  We collect information you provide to us.  This may include, for example, when you transact business with us, use our Services, enroll in one of our e-mail reminder services, request information or materials from us, enter promotions or contests offered by us, use any of the interactive portions of our website or mobile applications, call our customer service team, communicate with our sales team, respond to a survey, make payments to us, purchase Services from us, communicate with us in any way, respond to our advertisements, or apply for employment with us.

Information We Collect from Other Sources:  We may collect information about you from other users, tire manufacturers, tire retailers, tire distributors, your employer, and other third parties.  For example, we may obtain contact details and other information about you from: 

  • social media networks when you grant permission to access your data on one or more networks;
  • businesses with which we offer co-branded services or engage in joint marketing activities;
  • tire distributors, manufacturers, and retailers from whom we purchase or otherwise are provided personal information; and/or
  • publicly-available sources and data suppliers from which we obtain data to validate or supplement the information we hold.

 Information We Collect Automatically:  When you visit our Website or use our applications that run on mobile devices or tablets, some information is automatically collected. For example, when you visit our Website, your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language, the search engine you used to locate the website, and the website you visited before our site are logged automatically. We also collect information about your usage and activity and information about your device, such as your device and operating system type, wireless carrier, and device IDs, on our mobile applications. In addition, we gather certain navigational information about where you go on our website.

 We use cookies and similar technologies to collect information about your activity, browser and device when you visit our Websites, websites where our ads appear, or use our applications. A cookie is a small data file that a website transfers to your computer’s hard drive. Cookies allow us to collect information such as browser type, time spent on the Websites, pages visited, referring URL, language preferences, and other aggregated traffic data. Similar technologies such as pixel tags, flash cookies, web beacons, clear GIFs, links in emails, JavaScript, device IDs assigned by Google or Apple, web storage, unique advertising identifiers and device ID technology also do the same thing. We use the term “Collection Technology” in this policy to refer to all technologies that collect information in this way.

 We use the information collected through Collection Technology for security purposes, to facilitate navigation, to display data more effectively, to personalize your experience while using the Websites, and to recognize your computer to assist your use of the Websites. We also gather statistical data to continually improve design and functionality, speed up your searches, understand how the Websites are used, estimate our audience size and usage, and assist us with resolving questions. Collection Technology further allows us to select which advertisements or offers are most likely to appeal to you and display them while you are using the Websites or to send marketing emails. We also use this information to determine which areas of the Website are most frequently visited and helps us to tailor the sites to the needs and interests of our online visitors. We also use Collection Technology to track responses to online advertisements and marketing emails.

If you want to remove or block Collection Technology from your device at any time, you can update your browser settings (consult your browser’s “help” menu to learn how to remove or block cookies). You can find instructions on how to manage Collection Technology on different types of web browsers at www.allaboutcookies.org.  To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

4. I“DO NOT TRACK” DISCLOSURE

We do not collect or respond to Do Not Track signals and our websites do not function differently based on any Do Not Track preferences that may be received. For more information on Do Not Track signals, please visit https://allaboutdnt.com/ 

5. THIRD-PARTY USE OF COOKIES AND OTHER COLLECTION TECHNOLOGY

Some content or applications, including advertisements, on the Website may be served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other Collection Technology to collect information about you when you use the Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you would like more information about this practice, and to learn about your choices in connection with it, please visit http://www.aboutads.info/ or http://www.networkadvertising.org/managing/opt_out.asp. To opt out of the practice, you may download the AppChoices app at www.aboutads.info/appchoices

6. HOW WE USE YOUR INFORMATION

We may use information that we collect about you or that you provide to us, including any personal information:

  • To present Website and its contents to you;
  • To provide you with information and Services that you request from us;
  • To fulfill any other purpose for which you expressly provide it;
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
  • To notify you about changes to our Website or any products we offer or provide through it;
  • To allow you to participate in interactive features on or through the Website;
  • In any other way we may describe when you provide the information; and
  • For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

7. DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users, and information that been anonymized or that does not identify any individual, without restriction.

 We may share your personal information with the third parties described below. 

Service Providers.  We may share your personal information with third parties who work on behalf of, or with, us such as vendors, processors, suppliers, agents, attorneys, and representatives (collectively, “Service Providers”).  Service Providers assist us with a variety of functions including, but not limited to, fulfilling our customers' product orders, sending marketing communications, assisting with advertising and related analytics, delivering packages, scheduling and performing maintenance, servicing products, providing management services, conducting research or surveys, sending regular mail and e-mail, maintaining databases, or processing credit card payments. 

Business Partners.  We may share your personal information with third-party business partners product suppliers, tire manufacturers, tire distributors, tire retailers, partners who we conduct joint-marketing activities with, partners who we offer a co-branded service with or provide advertising and related-analytics services to us. 

Disclosures Under Special Circumstances.  We may disclose your personal information to third parties: (i) where we have a good faith belief that such disclosure is necessary to meet any applicable law, regulation, legal process or other legal obligation; (ii) when we believe disclosure is necessary to protect or prevent harm, illegal activity, or financial loss; (iii) to detect, investigate and help prevent security, fraud or technical issues; and (iv) to cooperate with law enforcement, government, quasi-governmental and public agency requests or reporting requirement. 

Corporate Transactions.  We may transfer your personal information in the event we: (i) sell or transfer, or are considering selling or transferring, all or a portion of our business or assets; or (ii) are considering or engaging in any reorganization, conversion, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of our ownership interest, business or operations.  For the purpose of this Privacy Policy, third parties who receive personal information in accordance with this section shall be referred to as “Corporate Transaction Recipients.” 

At Your Direction:  We may disclose or transfer your information to any third party that you direct or ask us to provide that information to.

8. MARKETING COMMUNICATIONS

If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out by contacting us by email at contact@torqata.com. or by following the instructions in any such email you receive from us. We will try to comply with your request as soon as reasonably practicable. If you opt out of receiving marketing emails from us, we may still send you important administrative messages, from which you cannot opt out.

9. UPDATING YOUR INFORMATION 

 In certain circumstances, you may be able to review and request changes to your personal information on the Website or by contacting us at contact@torqata.com

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

10. CALIFORNIA “SHINE THE LIGHT” DISCLOSURE

California Civil Code Section 1798.83 permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed personal information (as defined under that statute) of that California resident, for direct marketing purposes in the preceding calendar year and the categories of personal information that was disclosed to them. If you are a California resident and you wish to make such a request, you may contact us at legal@Torqata.com.

11. DATA SECURITY

 We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.  Unfortunately, the transmission of information via the internet is not completely secure. Although we strive to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

12. CHANGES TO OUR PRIVACY POLICY

We may revise this policy from time to time. The date the privacy policy was last revised is identified at the top of the page as the “Last Updated” date. Any changes will become effective when we post the revised policy on our Website. Your use of the Services following these changes means that you accept the revised policy, so please check the policy periodically for updates.

13. CONTACT INFORMATION

To ask questions about this privacy policy or our privacy practices, contact us at Torqata Privacy Department, 10115 Kincey Avenue Ste. 215, Huntersville, NC 28078 or by email at legal@Torqata.com or phone: 1-800-299-9962

 

California Consumer Privacy Act Notice for California Consumers

This California Consumer Privacy Act Notice for California Consumers (“CCPA Privacy Notice”) supplements the Privacy Policy of Torqata Data and Analytics LLC (“Torqata,” “Company,” “we,” or “us”) and applies solely to California consumers.  The California Consumer Privacy Act (“CCPA”) affords California consumers certain rights over their personal information (subject to certain exceptions).  This CCPA Privacy Notice outlines those rights and explains how such rights may be exercised.  This CCPA Privacy Notice also summarizes our data collection and sharing practices, as required by the CCPA. Terms used but not defined shall have the meaning ascribed to them in the CCPA.  For the purpose of this CCPA Privacy Notice, we refer to our websites, applications that run on mobile devices and tablets, retail stores, call center, and other products and services as “Products” or “Sites.”  

1)      What Information is Covered by this CCPA Privacy Notice?

This CCPA Privacy Notice relates to the Company’s collection, use and disclosure of California consumers’ personal information. “Personal information” generally means information that is reasonably capable of being associated with you or your household.  For a specific list of the categories of personal information we collect, please see Section 5 (Summary of Collection, Use and Disclosure of Personal Information) below.

2)      Where Do We Collect Personal Information From?

For a list of the categories of sources from which we may collect personal information, please see Section 5 (Summary of Collection, Use and Disclosure of Personal Information) below.

3)      How Do We Use Personal Information?

 We may use your personal information for a variety of business and commercial purposes.  “Business purpose” generally refers to the use of personal information for our operational purpose.  “Commercial purpose” refers to when we use personal information to advance our commercial or economic interests including, for example, by encouraging others to purchase our Products.  For a detailed list explaining how we may use personal information, please see Section 5 (Summary of Collection, Use and Disclosure of Personal Information) below.

4)      Who Do We Share Personal Information With? 

We may share your personal information with the third parties described below.  For a more detailed summary of who we may share your personal information with, see Section 5 (Summary of Collection, Use and Disclosure of Personal Information) below.

Service Providers.  We may share your personal information with third parties who work on behalf of, or with, us such as vendors, processors, suppliers, agents, attorneys, and representatives (collectively, “Service Providers”).  Service Providers assist us with a variety of functions including, but not limited to, fulfilling our customers' product orders, sending marketing communications, assisting with advertising and related analytics, delivering packages, scheduling and performing maintenance, servicing products, providing management services, conducting research or surveys, sending regular mail and e-mail, maintaining databases, or processing credit card payments.

Business Partners.  We may share your personal information with third-party business partners product suppliers, tire manufacturers, tire distributors, tire retailers, partners who we conduct joint-marketing activities with, partners who we offer a co-branded service with or provide advertising and related-analytics services to us. 

Disclosures Under Special Circumstances.  We may disclose your personal information to third parties: (i) where we have a good faith belief that such disclosure is necessary to meet any applicable law, regulation, legal process or other legal obligation; (ii) when we believe disclosure is necessary to protect or prevent harm, illegal activity, or financial loss; (iii) to detect, investigate and help prevent security, fraud or technical issues; and (iv) to cooperate with law enforcement, government, quasi-governmental and public agency requests or reporting requirement.  

Corporate Transactions.  We may transfer your personal information in the event we: (i) sell or transfer, or are considering selling or transferring, all or a portion of our business or assets; or (ii) are considering or engaging in any reorganization, conversion, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of our ownership interest, business or operations.  For the purpose of this Privacy Policy, third parties who receive personal information in accordance with this section shall be referred to as “Corporate Transaction Recipients.”

At Your Direction:  We may disclose or transfer your information to any third party that you direct or ask us to provide that information to.

5)      Summary of Collection, Use, and Disclosure of Personal Information.

The table below summarizes our collection and sharing practices relating to personal information, including with respect to personal information we have collected, used, disclosed or sold in the preceding 12 months.  As shown below, we may have disclosed or sold your personal information to third parties for a business or commercial purpose in the preceding 12 months.

Category of Personal Information

Categories of Sources  

Business/ Commercial Purposes for Collection Categories of Third-Parties With Whom Information Was Shared

Identifiers

Examples:  real name; alias; postal address; telephone numbers; unique personal identifier; online identifier; Internet Protocol Address; email address; account name, social security number, driver’s license number, passport number and other similar identifiers.

 

· 

 

Any categories of personal information described in subdivision (e) of Section 1798.80

Examples: name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

 

·     

 

Characteristics of protected classifications under California or federal law

Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

 

·

 

Commercial Information

Examples: records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

 

·

 

Biometric information

Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

 

 

 

Internet or other electronic network activity information

 Examples: browsing history; search history; and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.

 

 

 

Geolocation data

 Examples: the geographic location ((latitude and longitude) of an Internet-connected device such as a cell phone, tablet or computer or any other device connected to the internet and used to visit our Websites or use our Software.

 

·       

 

Sensory data

Audio, electronic, visual, thermal, olfactory, or similar information

 

 

 

Professional or employment-related information

Examples:

Current or past job history or performance evaluations

 

 

 

Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))

Examples: 

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

 

 

 

Inferences drawn from other personal information 

Examples:  information used to create a profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

 

 

 

 
6)      Children.

We do not knowingly collect, store, or sell personal information of minors under 16 years of age. If we become aware that we have collected or stored personal information from an individual under age 16, we will remove his or her personal information from our files. If you are a parent or guardian and believe we may have inadvertently collected personal information from your child, please notify us immediately by sending an email to legal@Torqata.com. 

7)      Your CCPA Rights.

Subject to certain exceptions, the CCPA affords you the following rights:

a) Request to Know.

 You have a right to request that the Company disclose what personal information it collects, uses, discloses, and sells. It includes a request for any or all of the following: 

  1. Specific pieces of personal information that the Company has about you;
  2. Categories of personal information the Company has collected about you;
  3. Categories of sources from which your personal information is collected;
  4. Categories of personal information that the Company has sold or disclosed for a business purpose about you; 
  5. Categories of third parties to whom your personal information was sold or disclosed for a business purpose; and
  6. The business or commercial purpose for collecting or selling personal information.

 b) Request to Delete.

You have a right to request that the Company delete your personal information that we have collected from you. 

c) No Discrimination.

 You have a right not to receive discriminatory treatment by the Company for the exercise of the privacy rights conferred by the CCPA. 

8)      How to Exercise Your CCPA Rights

a) Submitting a Request to Know or Request to Delete.

You may submit a Request to Know or a Request to Delete by contacting us at this toll-free number, (844) 260-7518 or by using this interactive webform.

b) Submitting a Request to Opt-Out.

You may submit a Request to Opt-Out by contacting us at this toll-free number, (844) 260-7518 or by using this interactive webform: Do Not Sell My Personal Information.

c) Verification Methods. 

Once you submit a request, we will verify that you are the consumer to which the request pertains by matching your name, email address, physical address, telephone number, email address, a security code, or similar information we maintain.  Depending on the type of request you submit, we will attempt to match either two or three of these data points you provided.  If we are unable to verify your request with the data points you provided, we may reach out to you for additional information to verify your request.

You may designate an authorized agent to submit a request on your behalf. We may require that you provide the authorized agent with written permission to act on your behalf and that you verify your identity directly with us. 

9)      Metric Requirements.

 As of January 1, 2021, Company will include the following metrics in this CCPA Privacy Notice for the previous calendar year:

a) The number of Requests to Know that the Company received, complied with, in whole or in part, and denied;
 
b) The number of Requests to Delete that the Company received, complied with, in whole or in part, and denied;
 
c) The number of Requests to Opt-Out that the Company received, complied with, in whole or in part, and denied; and
 
d) The median number of days within which the Company substantively responded to Requests to Know, Requests to Delete, and Requests to Opt-Out.

10)  Alternate Format of CCPA Privacy Notice.  

If you have a disability that prevents or limits your ability to access this CCPA Privacy Notice, please email us at legal@Torqata.com or call us at 704.992.2000. We will work with you to provide this notice in an alternative format.

11)  Contact for More Information.

 If you have any questions or concerns about our privacy policies and practices, please contacts us via email at legal@Torqata.com or phone: 1-800-299-9962