revised December 17, 2020.
Full Throttle Technologies services, including (without limitation) our internet-based Automotive Data Acquisition software, our website, and other interactive properties through which the services are delivered (collectively, the “Service”) are owned, operated and distributed by Full Throttle Technologies L.L.C. (referred to in this Privacy Notice as “FTT” or “we” and through similar words such as “us,” “our,” etc.). It is FTT’s policy to respect your privacy regarding any information we may collect while using our Service. This Privacy Notice describes the personal information that FTT may collect, how FTT uses and safeguards that information, the choices available to you regarding our use of that information, and how you can access and update your information.
THIS SERVICE IS OFFERED FROM THE UNITED STATES (“US”), IN PARTICULAR, IT IS NOT INTEDED FOR USE IN THE EUROPEAN UNION (“EU”). For individuals located outside of the US, please note that FTT is a US based company. If you use the Service, all information, including personal information, will be transferred to FTT in the US and used as described in this Notice.
FTT encourages our customers, visitors, business associates, and other interested parties to read this Privacy Notice, which applies to all users. By using our Service or submitting personal information to FTT by any other means, you acknowledge that you understand and agree to be bound by this Privacy Notice, and agree that FTT may collect, process, transfer, use, and disclose your personal information as described in this Notice. IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY NOTICE, PLEASE DO NOT USE ANY OF THE SERVICES.
Your use of the Service is governed by an End Use License Agreement (“EULA”) or similar document, which will prevail in the event of a conflict with this Notice. Aspects pertaining to the Communities use of the data as described herein may be covered in other agreements.
What personal information do we collect about you?
Personal information (also commonly known as personally identifiable information (PII) or personal data) is information that can be used to identify you, or any other individual to whom the information may relate.
The personal information that we collect from those using the Service, includes the following categories:
- Registration and Administration Data (e.g. name, contact information, phone number, email, fax, shop name, physical address, shop phone number and email address)
- Vehicle data (e.g. vehicle, vehicle owner information, vehicle repair details, vehicle repair recommendations and schedule data);
- Correspondence data (e.g. information from those who communicate with us via e-mail or our website);
- Other information that may be exchanged in the course of engaging with the Service. You will be aware of any subsequently collected information because it will come directly from you.
FTT’s Service does not collect, driver licenses, social security numbers, birthdays, information about children, race, religion, medical information, or sexual preference. Please note that you should not submit any such sensitive personal information to FTT, and you bear all liability and responsibility for such transfer of information. If FTT is aware that such a transfer has taken place, we will promptly delete such information.
How does FTT use personal information?
Subject to the terms of this Privacy Notice, FTT uses the above described categories of personal information in several ways. Unless otherwise stated specifically, the above information may be used for any of the following purposes:
- to administer the Service to you;
- to respond to your requests;
- to distribute communications relevant to your use of the Service, such as system updates or information about your use of the Service;
- as may be necessary to support the operation of the Service, such as for billing, account maintenance, and record-keeping purposes;
- to send to you FTT solicitations, product announcements, and the like that we feel may be of interest to you (you may “opt out” of receiving these marketing materials);
- to fulfill contractual obligations of delivering specific sub-sets of data to Communities (as described in more detail in the next section).
- in other manners after subsequent notice is provided to you and/or your consent is obtained, if necessary.
How do we share your personal information with third parties?
In many cases FTT’s Service is used in a “white label capacity” on behalf of other businesses that pay FTT for this Service. The businesses that pay FTT for use of the Service are known as “Communities” or “Community” in singular form. FTT has executed agreements with our Communities and those agreements govern how FTT and the Community interact with the data, including personal information. In all cases between FTT and its Communities there are privacy (or equivalent) agreements in place that are at least is stringent as those stated in this Privacy Notice. These agreements also specify which data is contractually sent to each Community. The terms enumerated in FTT’s Privacy Notice or EULA shall not govern the relationship you may have with the Communities. Each Community’s data needs are different and therefore only the least amount of data that each specific Community needs in order to fulfill its obligation to you is actually sent over to that Community (for example, a Community that works primarily with VINs shall not be sent email addresses unless specifically contracted).
In some cases, our Service may have been installed at your shop to send data to more than one Community. Additionally, it may be possible to have only on instance of our software installed at your shop where data is sent to more than one Community. FTT will only send the specific data needed to Communities that you have already established a business agreement with.
In addition to sharing within Communities, we may provide any of the described categories of personal information to FTT employees, contractors, consultants, affiliates or other businesses or persons for the purpose of processing such information on our behalf in order to provide the Service to you. For example:
- Website hosting, server hosting, file hosting;
- Registrationand account administration;
- Ensuring accuracy of collected information;
- Communicating to you such things as announcements of new features, changes to policies, requests for feedback on the quality of the Service, information about pricing changes or systems outages, and other Service-related announcements.
In such circumstances, we require that these parties be bound to terms of confidentiality that are at least is stringent as those stated in this Privacy Notice. We have also implemented controls designed to prevent our employees or contractors from improperly using personal information for purposes other than those set forth in this Privacy Notice.
We will not share your personal information with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you have the ability to opt-in or opt-out.
In addition, we may release personal information: (i) to the extent we have a good-faith belief that such action is necessary to comply with any applicable law, to enforce any provision of the EULA or other agreement with you, to protect ourselves against any liability, to defend ourselves against any claims, to protect the rights, property and personal safety of any user, or to protect the public welfare; (ii) to respond to a court order, subpoena, or search warrant; or (iii) in the event we are acquired by or merged with a third-party entity. If the ownership of all or substantially all of FTT, or individual business units associated with the Service, were to change, your user information would remain subject to this Privacy Notice. In the event of such transaction, we will alert FTT paying Communities of such change.
What non-personal information is collected by the Service?
By installing our software and/or enabling and an option within your Shop Management System (SMS) to use our Service you have authorized that FTT that it may collect many different types of information, depending on how you use our service:
- We collect “metadata” about the Vehicle Data that is distinct from the Vehicle Data itself (“Repair Metadata”). Repair Metadata includes data sizes, record counts and information in aggregate, in summary, or otherwise information that is in a condition where it cannot reasonably be used in a way that could identify a shop or a vehicle owner. Repair Metadata does not contain personal information. Repair Metadata may be analyzed, used or displayed in ways that FTT determines to be acceptable provided that it does not violate terms of this Privacy Agreement. For example, improving, debugging or adding new features to the Service
- We also collect metadata about your account overall (“Account Metadata”). Account Metadata includes general account settings and usage.
In addition, we collect certain device and usage data as described in the next section.
Cookies, Device Data, and How it is Used
When you use our Service, we may record unique identifiers associated with your device (such as the device ID and IP address), your activity within the Service, and your network location. FTT uses aggregated information (such as anonymous user usage information, cookies, IP addresses, browser type, clickstream information, etc.) to improve the quality and design of the Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Specifically, we may automatically collect the following information about your use of Service through cookies, web beacons, and other technologies:
- domain name;
- browser type and operating system;
- web pages you view;
- links you click;
- IP address;
- the length of time you visit the Sites, Portals, and/or Services;
- the referring URL or the webpage that led you to the Sites.
We may also collect information regarding application-level events, such as crashes, and associate that temporarily with your account to provide customer service. In some circumstances, we may combine this information with personal information collected from you (and third-party service providers may do so on behalf of us).
California Privacy Rights
If you are a California resident, California law may provide you with certain rights with regard to your personal information under the California Consumer Privacy Act (“CCPA”). FTT is committed to compliance with the CCPA, though CCPA may not be fully applicable to the personal information exchanged in your relationship with FTT. While FTT treats the personal information of all users with the same degree of care, you may not be eligible for all the rights described herein. With regard to its processing of data subject to CCPA, FTT operates primarily as a “service provider”, as that term is defined in the CCPA, and has contractual provisions in its standard agreements holding FTT to a standard consistent with its designation as a “service provider.”
Throughout this Privacy Notice you will find information required by CCPA regarding the categories of personal information collected from you; the purposes for which we use personal information, and the categories of third parties your data may be shared with. This information is current as of the date of the Notice and is applicable in the 12 months preceding the effective date of the Notice.
As a California resident, the CCPA provides you the ability to make inquiries regarding to your personal information. Specifically, the degree to which the information is not already provided in this Privacy Notice, you have the right to request disclosure about the collection and use of your personal information over the past 12 months, including:
- The categories of personal information collected about you.
- The categories of sources for the personal information collected about you.
- The business or commercial purpose for collecting your personal information.
- The categories of third parties with whom your personal information was shared.
- The specific pieces of personal information collected about you.
- If your personal information was disclosed for a business purpose, the personal information categories disclosed and the categories of third parties to which the information was disclosed.
- If your personal information was sold in the past 12 months, the personal information categories sold and the categories of third parties to which the information was sold (Note: FTT DOES NOT SELL YOUR PERSONAL INFORMATION)
Please note that you may only make the above requests twice in a 12-month period. You also have the right to request that any of your personal information collected and retained be deleted, subject to certain exceptions. Finally, you have the right to not receive discriminatory treatment by FTT or any business for exercising any of the rights provided under CCPA. You may submit a request regarding your rights under CCPA by contacting us at one of the following: Privacy@FullThrottleTechnologies.com
If we receive a CCPA request from you, we will first make a determination regarding the applicability of the law, and we will then take steps to verify your identity prior to responding. The steps to verify your identity may vary based on our relationship with you, but, at a minimum, it will take the form of confirming and matching the information submitted in the request with information already held by FTT and/or contacting you through previously used channels to confirm that you submitted the request (i.e. confirming identity through contact information that we have on file, not the contact information submitted to make the request).
Your rights as stated here can also be exercised by an authorized agent on your behalf. FTT will follow the standards set by the Attorney General of California regarding designation of an authorized agent to exercise rights under CCPA. You may review information available through the Attorney General website (https://www.oag.ca.gov/privacy/ccpa) regarding how an individual can be designated as an authorized agent under CCPA.
In addition to CCPA, California Civil Code Section 1798.83 permits users of the Website who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us as described herein.
International Data Transfer
For individuals located outside the US, in particular in the United Kingdom, Switzerland, and the European Economic Area (EEA), please note that FTT is a US based company. FTT does not market to or solicit customers from outside the US, therefore, users of the Service should not expect to avail themselves of the rights provided under the EU’s General Data Protection Regulation (“GDPR”). If you use the Service, all information, including personal information, will be transferred to FTT in the US. By using the Service, you unambiguously consent to the transfer of your personal information and other information to the US and elsewhere for the purposes and uses described in this Notice. Further, you acknowledge that FTT is not subject to the GDPR or similar international privacy laws, and, therefore, you will be unable to claim the privacy rights provided in those laws.
Information Storage and Security
We retain information as long as it is necessary and relevant to provide you with the Service. We also retain personal information to comply with applicable law, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigation, enforce our EULA, collect any fees owed, and other actions permitted by law. After it is no longer necessary for us to retain information, we dispose of it according to our data retention and deletion policies.
We employ industry-standard security measures designed to protect the security of all information submitted through the Service. However, the security of information transmitted through the internet or via a mobile device can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data. Users of the Service are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of the Service. In order to protect you and your information, we may suspend your use of any of the Service, without notice, pending an investigation, if any breach of security is suspected.
The Service cannot be used by individuals under the age of 13, and FTT does not knowingly collect the personal information of children under the age of 13.
Changes to this Privacy Notice
FTT reserves the right to change this Privacy Notice at any time by posting a new Privacy Notice at this location and alerting FTT paying customers of such change via E-Mail. Your continued use of the Service following such changes will indicate your acceptance of those changes.
This Notice was last updated according to the date at the top of this page.
FTT regularly reviews its compliance with this Notice. Questions regarding the Privacy Notice should be sent by e-mail to us at Privacy@FullThrottleTechnologies.com