U.S. AND CANADIAN PRIVACY POLICY

Effective Date: 02/01/2020

To download and/or print this U.S. and Canadian Privacy Policy (“Privacy Policy”), click here. To read our main privacy notice, click here.

U.S. Privacy Policy Scope

Welcome! An overview of this PartsASIST Portal Privacy Policy is provided below. To see the full text, click on the links. This Privacy Policy applies to your use of the U.S. and Canadian version of our PartsASIST Portal (“Portal”), regardless of how you access or use it. Click here to view our Terms of Use. This Privacy Policy is supplemental to our other privacy notices for users in the U.S. and Canada of the Portal, and to the extent it provides U.S. or Canadian users with rights required by U.S. state or federal law will govern in the event of conflict with any other privacy notices.

Quick Links

We (i.e., Platform Provider, as defined below) have summarized some (but not all) of the main topics of this Privacy Policy below. The complete provisions, and not the headings or summaries govern.

FULL PartsASIST PRIVACY POLICY

Thank you for visiting our Portal, owned or operated by Deep River Valley Operations (“Platform Provider” “we” “our” or “us”). Access to parts of the Portal is made available through our independent dealers (each a “Dealer”), which, in most cases, are third party businesses not controlled by us. This Privacy Policy will provide you with information as to how Platform Provider and Dealer collect, use, and share information about you in connection with the Portal including the choices we offer with respect to that information, and applies to any use of the Portal, regardless of how you access or use it. For certain other services, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they apply to you

By visiting or otherwise using the Portal, you agree to the Portal’s Terms of Use and consent to Platform Provider’s and Dealer’s data collection, use, and disclosure practices, and other activities as described in this Privacy Policy, and any additional privacy statements that may be posted on an applicable part of the Portal. If you do not agree and consent, please discontinue use of the Portal.

1. INFORMATION WE COLLECT

A. Information about You that You Provide.

Platform Provider, and/or its Service Providers (defined below) and/or Dealer, may collect information in connection with your use of the Portal. For example, Platform Provider and Dealer collect information when you use or register for the Portal, subscribe to notifications, participate in promotional activities, or communicate or transact through the Portal. In addition, when you interact with Third-Party Services (defined below), you may be able to provide information to third parties. For more information on Third-Party Services’ data collection and practices click here. For more information on Dealer data collection and practices click here.
\ Information Platform Provider, Dealer, Platform Provider’s Service Providers and/or Third-Party Services may collect may include: (1) personally identifiable information, which is information that identifies you personally, such as your first and last name, e-mail address, phone number, address, and full payment account number (“Personal Information”); and (2) demographic information, such as your zip code, recent and upcoming purchases, company name, and job title (“Demographic Information”). Except to the extent required by applicable law, Demographic Information is “non-Personal Information” (i.e., data that is not Personal Information under this Privacy Policy). In addition, Personal Information, including, without limitation, Portal-Collected PI (defined below), once “De-identified” (i.e., the removal or modification of the personally identifiable elements, or the extraction of personally identifiable elements including through anonymization, pseudonymization, and/or hashing) is also non-Personal Information and may be used and shared without obligation to you, except as prohibited or otherwise required by applicable law. However, we do not make assurances that De-identified data is not capable of re-identification. To the extent any nonPersonal Information is combined by or on behalf of Platform Provider with Personal Information Platform Provider collects directly from you via the Portal (“Portal-Collected PI”), Platform Provider will treat the combined data as Portal-Collected PI under this Privacy Policy.

B. Information Collected Automatically.

Platform Provider, its Service Providers, Dealers and/or Third-Party Services may also automatically collect certain information about you when you access or use the Portal (“Usage Information”). Usage Information may include IP address, device identifier, browser type, operating system, information about your use of the Portal, and data regarding network connected hardware (e.g., computer or mobile device). Except to the extent required by applicable law, or to the extent Usage Information is combined by or on behalf of Platform Provider with Portal-Collected PI, Platform Provider does not consider Usage Information (including, without limitation, unique device identifiers) to be Personal Information or PortalCollected PI. For more information on Third-Party Services’ data collection and practices click here. For more information on Dealer data collection and practices click here. For information on choices some of these third parties may offer you regarding automated data collection click here.

The methods that may be used on the Portal to collect Usage Information include:

• Log Information: Log information is data about your use of the Portal, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.
• Information Collected by Cookies and Other Tracking Technologies: Cookies, web beacons (also known as “tracking pixels”), embedded scripts, and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about interactions with the Portal or e-mails, including information about your browsing and purchasing behavior.
• Cookies
  A cookie is a small text file that is stored on a user’s device, which may be session ID cookies or tracking cookies. Session cookies make it easier for you to navigate the Portal and expire when you close your browser. Tracking cookies remain longer and help in understanding how you use the Portal, and enhance your user experience. Cookies may remain on your hard drive for an extended period of time. If you use your browser’s method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked and as a result some features and functionalities of the Portal may not work. A Flash cookie (or locally shared object) is a data file which may be placed on a device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your device. HTML5 cookies can be programmed through HTML5 local storage. Flash cookies and HTML5 cookies are locally stored on your device other than in the browser and browser settings won’t control them. To identify certain types of local shared objects on your device and adjust your settings, please visit: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. The Portal may associate some or all of these types of cookies with your devices.
• Web Beacons (“Tracking Pixels”)
  Web beacons are small graphic images, also known as “Internet tags” or “clear gifs,” embedded in web pages and e-mail messages. Web beacons may be used, without limitation, to count the number of visitors to the Portal, to monitor how users navigate the Portal, and to count content views
• Embedded Scripts
  An embedded script is programming code designed to collect information about your interactions with the Portal. It is temporarily downloaded onto your computer from Platform Provider’s web server, or from a third party with which Platform Provider works, and is active only while you are connected to the Portal, and deleted or deactivated thereafter.

Platform Provider is giving you notice of the Tracking Technologies and your choices regarding them explained in Section 10 so that your consent to encountering them is meaningfully informed.

C. Information Platform Provider Collects from Other Sources.

Platform Provider may also obtain information about you from other sources, including Dealer, Service Providers and Third-Party Services, and combine that with Portal-Collected PI. Notwithstanding anything to the contrary, except to the extent such data is combined by or on behalf of Platform Provider with Portal-Collected PI, this Privacy Policy is not intended to limit Platform Provider’s activities regarding such third-party-sourced, or non-Portal-sourced, information (including Personal Information), and such data will only be treated as Portal-collected PI to the extent it is combined with Portal-collected PI. Platform Provider is not responsible or liable for the accuracy of the information provided by third parties or for third party policies or practices.

2. HOW WE USE THE INFORMATION WE OBTAIN.

Dealer provides Platform Provider with PI and other data about you when it enrolls you in the Portal and, further, otherwise provides certain information to Platform Provider to enable transactions between Platform Provider, Dealer, and you. Such Dealer disclosures are deemed to be made at your direction. Platform Provider may use information about you, including Portal-Collected PI and other Personal Information, for any purposes not inconsistent with Platform Provider’s statements under this Privacy Policy, or otherwise made by us in writing at the point of collection, and not prohibited by applicable law, including, without limitation, the following:

• Allow you to participate in the features we offer on the Portal;
• Facilitate, manage, personalize, and improve your online experience;
• Process your registration and manage your account. (For more information on how UGC is treated under the Portal’s Terms of Use click here.
• Transact with you, provide services or information you request, respond to your comments, questions and requests, suggest products to you and/or display advertisements, and send you notices;
• Platform Provider Affiliates’ marketing and other purposes;
• Improve the Portal and for any other internal business purposes;
• Tailor our product offerings, advertisements, and offers;
• Fulfill other purposes disclosed at the time you provide Personal Information or otherwise where we are legally permitted or are required to do so;
• Determine your location and manage digital content rights (e.g., territory restrictions); and
• Prevent and address fraud, breach of policies or terms, and threats or harm.

3. HOW DEALER USES THE INFORMATION IT OBTAINS.

Platform Provider provides Portal-Collected PI to Dealer to facilitate transactions between Platform Provider, Dealer, and you. Such disclosures are deemed to be made at your direction. Dealer may use PortalCollected PI for the following purposes:

• Process your registration and manage your account;
• Processing product discounts;
• Transact with you, provide services or information you request, respond to your comments, questions and requests, suggest products to you, and send you notices;
• Enable delivery of products to you, including by providing your PI to third-party shipping companies to complete delivery; and
• Prevent and address fraud, breach of policies or terms, and threats or harm.

For more information on Dealer’s data collection and practices, see Dealer’s privacy policy posted on its website.

4. INFORMATION WE SHARE WITH THIRD PARTIES.

Platform Provider shares Portal-Collected PI with Dealer at your direction to enable transactions between Platform Provider, Dealer, and you. Platform Provider may share non-Personal Information, and Personal Information that is not deemed Portal-Collected PI hereunder (provided that Platform Provider is aware of no restrictions of Platform Provider’s use, if any), with third parties, or other Platform Provider companies (the “Platform Provider Affiliates”), for any purpose not restricted by applicable law. Without limiting the generality of the foregoing, we and third parties may convert your Personal Information, including Portal-Collected PI, to non-Personal Information, including without limitation through hashing it or substituting a unique identifier for the Personal Information and we and third parties may use and share that data as permitted by applicable law, including to match data attributes to and from other sources. Any such third-party activities are subject to their privacy policies and practices. Platform Provider’s sharing of Portal-Collected PI is, however, subject to the following:

• Marketing: Subject to your communications choices explained in Section 10.C, and the rights of California residents explained here, we may use your Personal Information to send you marketing communications. Absent your consent (which may be by means of opt-in, your election not to opt-out, or a third-party interaction described in the next bullet point), however, Platform Provider will not share your Portal-Collected PI with third parties, other than Platform Provider Affiliates (defined below), for their own direct marketing purposes, except in connection with Corporate Transactions (defined below).
• Your Disclosure or Consent: As more fully described in Section 5 (Third-Party Content, Third-Party Services, Social Features, Advertising and Analytics), your activities on the Portal may, by their nature, result in the sharing of your Portal-collected Personal Information (as well as your other Personal Information and your non-Personal Information) with Dealer and other third parties and by engaging in these activities you consent to that and further sharing and disclosure to third parties. Such third-party data receipt and collection is subject to the privacy and business practices of that third party, not Platform Provider.

Platform Provider may also share any information about you (including, without limitation, PortalCollected PI) for any purposes not inconsistent with this Privacy Policy, or our written statements at the point of collection, and otherwise not prohibited by applicable law, including, without limitation:

• Platform Provider agents, vendors, consultants, and other service providers (collectively “Service Providers”) may receive, or be given access to, your information, including, without limitation, Personal Information, Demographic Information, and Usage Information, in connection with their work on Platform Provider’s behalf, provided however, Platform Provider does not authorize its Service Providers to use Portal-Collected PI provided by Platform Provider to the Service Providers to send you direct marketing messages other than related to Platform Provider and Platform Provider Affiliates absent your consent. For more information on choices Service Providers may offer you click here.
• To comply with the law, law enforcement or other legal process, and, where permitted, in response to a government request; and
• If Platform Provider believes your actions are inconsistent with Platform Provider’s terms of use, user agreements, applicable terms or policies, or to protect the rights, property, life, health, security and safety of Platform Provider, Dealer, the Portal or its users, or any third party.

In addition, Platform Provider may share your Portal-Collected PI (as well as your other Personal Information and your non-Personal Information), in connection with or during negotiations of any proposed or actual financing of our business, or merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of Platform Provider assets, or transfer of all or a portion of Platform Provider’s business to another company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding (“Corporate Transactions”).

5. THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, SOCIAL FEATURES, ADVERTISING AND ANALYTICS.

The Portal may include hyperlinks to, or include on or in connection with, the Portal (e.g., apps and plugins), websites, locations, platforms, applications or services operated by third parties (“Third-Party Service(s)”). These Third-Party Services may use their own cookies, web beacons, and other Tracking Technology to independently collect information about you and may solicit Personal Information from you.

Certain functionalities on the Portal permit interactions that you initiate between the Portal and certain Third-Party Services, such as third-party social networks (“Social Features”). Examples of Social Features include: enabling you to send content such as contacts and photos between the Portal and a Third-Party Service; “liking” or “sharing” Platform Provider content; logging in to the Portal using your Third-Party Service account (e.g., using Facebook Connect to sign-in to the Portal); and to otherwise connect the Portal to a Third-Party Service (e.g., to pull or push information to or from the Portal). If you use Social Features, and potentially other ThirdParty Services, information you post or provide access to may be publicly displayed on the Third-Party Service that you use. Similarly, if you post information on a third-party service that references the Portal (e.g., by using a hashtag associated with Platform Provider or other Platform Provider Affiliates in a tweet or status update), your post may be used by Platform Provider and Platform Provider Affiliates. Also, both Platform Provider and the third party may have access to certain information about you and your use of the Portal and any Third-Party Service.

Platform Provider may engage and work with Service Providers and other third parties to serve advertisements on the Portal and/or on third-party services. Some of these ads may be tailored to your interest based on your browsing of the Portal and elsewhere on the Internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”), which may include sending you an ad on a third-party service after you have left the Portal (i.e., “retargeting”).

Platform Provider may use Google Analytics or other Service Providers for analytics services. These analytics services may use cookies and other Tracking Technologies to help Platform Provider analyze Portal users and how they use the Portal. Information generated by these services (e.g., your IP address and other Usage Information) may be transmitted to and stored by these Service Providers on servers in the U.S. (or elsewhere) and these Service Providers may use this information for purposes such as evaluating your use of the Portal, compiling statistic reports on the Portal’s activity, and providing other services relating to Portal activity and other Internet usage.

Except to the extent we combine information we receive from Service Providers, Third-Party Services, or other third parties with Portal-Collected PI, in which case Platform Provider will treat the combined information as Portal-Collected PI under this Privacy Policy (see Section 1(c)), data obtained by Platform Provider from a third party, even in association with the Portal, is not subject to Platform Provider’s limitations regarding Portal-Collected PI under this Privacy Policy, however such data remains subject to any restrictions imposed on Platform Provider by the third party, if any. Otherwise, the information collected, stored, and shared by third parties remains subject to their privacy policies and practices, including whether they continue to share information with Platform Provider, the types of information shared, and your choices on what is visible to others on Third-Party Services.

Platform Provider is not responsible for, and makes no representations regarding, the policies or business practices of any third parties, including, without limitation, analytics Service Providers, Dealers and Third-Party Services associated with the Portal, and encourages you to familiarize yourself with and consult their privacy policies and terms of use. See Section 10 for more on certain choices offered by some third parties regarding their data collection and use, including regarding Interest-based Advertising and analytics.

6. DATA SECURITY AND MONITORING.

Platform Provider takes reasonable measures to protect Portal-Collected PI from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet and online digital storage are not completely secure and Platform Provider does not guarantee the security of your information collected through the Portal.

To help protect you and others, Platform Provider and its Service Providers may (but make no commitment to) monitor use of the Portal, and may collect and use related information including Portal-Collected PI and other Personal Information for all purposes not prohibited by applicable law or inconsistent with this Privacy Policy, including, without limitation, to identify fraudulent activities and transactions; prevent abuse of, and investigate and/or seek prosecution for, any potential threats to or misuse of the Portal; ensure compliance with the Terms of Use and this Privacy Policy; investigate violations of or enforce these documents; and otherwise to protect the rights and property of Platform Provider Affiliates, third parties, and other users. Monitoring may result in the collection, recording, and analysis of online activity or communications through our Portal. If you do not consent to these conditions, you must discontinue your use of the Portal.

7. INTERNATIONAL TRANSFER.

The Portal is directed to and intended for a U.S. and Canadian audience. Platform Provider is based in Sweden and the information Platform Provider and its Service Providers collect may be transferred outside the U.S. for processing. If you are accessing the Portal from outside of the U.S., please be aware that information collected through the Portal may be transferred to, processed, stored, and used in the U.S. Data protection laws in the U.S. may be different from those of your country of residence. Your use of the Portal or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information, including Personal Information, in and outside of the U.S. as set forth in this Privacy Policy.

8. CHILDREN’S PRIVACY.

The Portal is intended for a general audience and not directed to persons under the age of majority. Platform Provider does not intend to collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA. If we obtain knowledge that we have collected Children’s Personal Information in a manner not permitted by COPPA, we will remove such data to the extent required by COPPA.

9. ACCESSING AND CHANGING INFORMATION.

You may access, delete, correct, update, or direct Platform Provider not to sell some of the PortalCollected PI, and potentially certain other information about you by visiting our Data Subject Rights webpage here. Platform Provider will make good faith efforts to make requested changes in Platform Provider’s databases as soon as practicable, but it is not always possible to completely change, remove or delete all of your information from Platform Provider’s databases and residual and/or cached data may remain archived thereafter. Further, we reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law.

10. CHOICES: TRACKING AND COMMUNICATIONS OPTIONS.

A. Tracking Technologies Generally.

Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies. For information on disabling Flash cookies, go to Adobe’s website http://helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html. Please be aware that if you disable or remove these technologies, some parts of the Portal may not work and that when you revisit the Portal your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, Platform Provider currently does not alter Platform Provider’s practices when Platform Provider receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but Platform Provider is not responsible for the completeness or accuracy of this third party information. Some third parties, however, may offer you choices regarding their Tracking Technologies. One way to potentially identify cookies on our web site is to add the free Ghostery plug-in to your browser (www.ghostery.com), which according to Ghostery will display for you traditional, browser-based cookies associated with the web sites (but not mobile apps) you visit and privacy and opt-out policies and options of the parties operating those cookies. Platform Provider is not responsible for the completeness or accuracy of this tool or third-party choice notices or mechanisms. For specific information on some of the choice options offered by third party analytics and advertising providers, see the next section.

B. Analytics and Advertising Tracking Technologies.

You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on. You may exercise choices regarding the use of cookies from Adobe Analytics by going to http://www.adobe.com/privacy/opt-out.html under the section labeled “Tell our customers not to measure your use of their web sites or tailor their online ads for you.”

You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s optout program for mobile apps. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based optout may not, or may no longer, be effective. Platform Provider supports the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising (https://www.iab.com/wp-content/uploads/2015/05/ven-principles-07-01-09.pdf) and expects that ad networks Platform Provider directly engages to serve you Interestbased Advertising will do so as well, though Platform Provider cannot guaranty their compliance. Platform Provider is not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

The Portal may utilize the Eloqua cookie from Oracle to track your browsing activities on the Portal in order to send you email advertisements regarding products that may interest you. Platform Provider will only send email advertisements to you with your express consent. You may exercise choice regarding the use of the Eloqua cookie by going to https://www.oracle.com/legal/privacy/marketing-cloud-data-cloud-privacypolicy.html#12 under the section labeled Oracle Data Cloud Opt Out.

C. Communications.

Platform Provider will ask you to consent before sending any promotional communications to you. You can opt out of receiving certain promotional communications from Platform Provider at any time for promotional e-mails, by following the instructions provided in emails to click on the unsubscribe link, or if available by changing your communication preferences by logging onto your account. Please note that your opt-out is limited to the e-mail address used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt out of receiving promotional communications, Platform Provider may, subject to applicable law, continue to send you nonpromotional communications, such as those about your account, transactions, servicing, or Platform Provider’s ongoing business relations. Except in connection with Corporate Transactions, to prospectively opt-out of our sharing of your Portal-Collected PI, other than with Platform Provider Affiliates, for their own direct marketing purposes, contact us here.

11. YOUR CALIFORNIA PRIVACY RIGHTS

This service is not intended for “consumers” as that term is defined under California Shine the Light, the California Online Privacy Protection Act (CalOPPA), and the California Consumer Privacy Act, and is intended only for trade. As a result, the privacy rights set forth under these statutes are not applicable to Platform Provider’s Personal Information collection, use, retention and disclosure practices relating to the Portal.

12. CHANGES TO THIS PRIVACY POLICY.

We reserve the right to change this Privacy Policy prospectively effective upon the posting of the revised Privacy Policy and your use of our Portal indicates your consent to the privacy policy posted at the time of use. However, we will not treat your previously collected Portal-Collected PI, to the extent it is not collected under the new privacy policy, in a manner materially different than represented at the time it was collected without your consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.

13. CONTACT PLATFORM PROVIDER.

If you have any questions about this Privacy Policy, please contact Platform Provider here.

ATTN: PartsASIST
8003 Piedmont Triad Pkwy
Greensboro, NC 20409