SMOGWISE PRIVACY POLICY

Last updated: September 27, 2021

 

Introduction and Overview

SmogWise LLC (“SmogWise,” “we,” “our” or “us”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy.

This Privacy Policy describes how we collect, use and share information about you as well as your rights and choices about such collection, use and sharing, and applies to the SmogWise website as well as the services offered by SmogWise via the SmogWise mobile application (collectively, the “Services”).

Please read this Privacy 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, your choice is not to use the Services. By accessing or using the Services, you agree to this Privacy Policy.

This Privacy Policy may change from time to time (see Changes to this Privacy Policy). Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates. If you have any questions about our privacy practices, please contact us as set forth in the Contact Us section below.

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Information Collection

We collect the following types of information from users of the Services.

1. Information You Provide to SmogWise

We collect certain information you provide directly via the Services:

• Your contact information when you contact us by email, chat, telephone, or via a contact form or order.

• Information about your vehicle, including your vehicle’s VIN (vehicle identification number).

• Payment information when you submit an order for the Services.

• The content of your communications with us as necessary to provide you with the Services.

2. Information Collected Automatically 

As you navigate through and interact with the Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

• Details of your use of the Services, including traffic data, logs, and other communication data and the resources that you access and use on the Services.

• Information about the type of device or browser you use, your device’s operating software, your internet service provider, your device’s regional and language settings, and other similar information. This data may include IP address, MAC address, device advertising ID (e.g., IDFA or AAID), and other device identifiers.

The information we collect automatically helps us to improve the Services, including by enabling us to:

• Estimate our audience size and usage patterns.

• Store information about your preferences, allowing us to customize the Services according to your individual interests.

• Speed up your searches.

• Recognize you when you return to the Services.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of the Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Services.

• Flash Cookies. Certain features of the Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Services. Flash cookies are not managed by the same browser settings as are used for browser cookies.

• Web Beacons. Pages of our website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

 

Use of Information

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

• To present the Services and its contents to you, including to provide customer support.

• To provide you with information, products, or services that you request from us.

• To fulfill any other purpose for which you provide it.

• If you have an account with SmogWise, to provide you with notices about your account.

• 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 the Services or any products or services we offer or provide though it.

• In any other way we may describe when you provide the information.

• For any other purpose with your consent.

We may also use your information to contact you about our goods and services that may be of interest to you. If you do not want us to use your information in this way, please let us know at hello@smogwise.com.

We may use information that does not identify you (including information that has been de-identified) without obligation to you except as prohibited by applicable law.

For information on your rights and choices regarding how we use your information, see Your Rights and Choices below.

 

Sharing of Information

We share information about you as follows:

• Service Providers. We may share your information with our agents, vendors and other service providers (collectively "Service Providers") in connection with their work on our behalf. Service Providers assist us with services such as payment processing, data analytics, marketing and promotional services, surveys, website hosting, and technical support. Service Providers are prohibited from using your information for any purpose other than to provide this assistance.

• Department of Motor Vehicles (and Intermediary Partners). We will share your emissions test results with the applicable state agency (usually the local Department of Motor Vehicles) that administers emission testing in your state. In some cases, we will share such information with a business partner that acts as a liaison with the applicable state agency.

• Merger or Acquisition. We may share your information in connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.

• Security and Compelled Disclosure. We may share your information to comply with the law or other legal process, and where required, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also share your information to protect the rights, property, life, health, security and safety of SmogWise, the Services or any third party.

• Consent. We may share your information for any other purpose disclosed to you and with your consent.

Without limiting the foregoing, in our sole discretion, we may share aggregated information that does not identify you or de-identified information about you with third parties or affiliates for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we share your information, please see Your Rights and Choices below.

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Your Rights and Choices

1. Review and Update of Account Information

You may access, update, or remove certain account information that you have voluntarily submitted to us through the Services by sending an email to us at hello@smogwise.com. We may require additional information from you to allow us to confirm your identity.

Please note that we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

2. Tracking Technology Choices

Cookies and Pixels. Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations.

Do Not Track. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, 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 http://www.allaboutdnt.com.

Please be aware that if you disable or remove tracking technologies, some parts of the Services may not function correctly.

3. Communications

You can opt-out of receiving promotional emails from us at any time by following the instructions as provided in emails to click on the unsubscribe link, or emailing us at hello@smogwise.com with the word UNSUBSCRIBE in the subject field of the email. Please note that you cannot opt-out of certain non-promotional emails, such as those about your account, transactions, servicing, or SmogWise’s ongoing business relations with you.

 

Children

The Services are intended for a general audience and are not directed to children under 13 years of age. SmogWise does not knowingly collect personal information as defined by the Children’s Online Privacy Protection Act (“COPPA”) in a manner that is not permitted by COPPA. If you are a parent or guardian and believe SmogWise has collected such information in a manner not permitted by COPPA, please contact us as at hello@smogwise.com and we will remove such information to the extent required by COPPA.

 

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 do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Services. 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 Services.

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Changes to this Privacy Policy

We reserve the right to revise this Privacy Policy at any time. Any changes will be effective immediately upon posting of the revised Privacy Policy and updating the “last modified” date above. Your continued use of the Services indicates your consent to the Privacy Policy then posted. If the changes are material, we may provide you additional notice to your email address. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our website and this Privacy Policy to check for any changes.
 

Contact Us

If you have any questions or comments about this Privacy Policy or our privacy practices, please contact us at the following email address: hello@smogwise.com.