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Privacy Policy

Effective Date: September 4, 2023

Gearup Parts Company and our subsidiaries (“GP,” “we,” “us,” or “our”), are committed to informing you about our data protection practices. This Privacy Notice (“Notice”) aims to clarify how we collect, use, process, and share your personal information as you interact with us, visit our websites (“Sites”), use our mobile applications (“Apps”), or engage in any other online services we offer (collectively “Services”). This Notice also guides you in understanding and exercising your privacy rights.

Please Note: The Sites and Apps displaying this Notice may display trademarks, logos, service marks, and other trade names owned by GP subsidiaries or other parties. For instance, the Gearup Automotive Parts Association LLC licenses various intellectual property to our many valuable independently owned and operated Gearup-branded stores and Auto Care centers (our “Participating Stores”). However, this Notice does not cover any personal information that we process on behalf of our Participating Stores through our commercial relationships with them, or their use of our services (“Participating Store Data”). Our processing of Participating Store Data is subject to the contracts we have with our Participating Stores, not this Notice. The respective privacy policies of our Participating Stores govern their collection and use of your personal data. Any questions or requests related to data that our Participating Stores collect from or about you should be directed to them.

PERSONAL INFORMATION WE COLLECT

The types of personal information we gather depend on your interactions with us, our Services, and the requirements of applicable law. We collect information you provide to us, information we automatically obtain when you use our Services, and information from other sources such as third-party services and organizations, as detailed below. For residents of certain jurisdictions, we provide additional disclosures about the information we collect in our supplemental disclosure.

PERSONAL INFORMATION YOU PROVIDE TO US DIRECTLY

We may collect personal information in various ways, for example:

Account Creation:

When you create an account or register with us through our Sites, Apps, or at a Participating Store. Collected information may include personal details like name, email address, username, mobile phone number, birthday month and day, and vehicle information such as the Vehicle Information Number, which we may link to you and your account.

Purchases:

Information related to your purchases, including payment details, Participating Store location for online order pickups, and, if applicable, membership information in organizations for discounts or privileges. Note: Payments via our Services are processed by third-party payment processors. We do not directly collect or store payment card information but may receive information related to your purchase.

Your Communications with Us: Personal information such as name, email address, phone number, or mailing address when you request information about our Services, subscribe to our newsletter, request customer or technical support, or communicate with us via email, text, chat, or voice calls.

Surveys:

Personal information collected if you participate in surveys.

Chat and Other Interactive Features: Personal information submitted or made available through interactive features like messaging and chat features, commenting functionalities, forums, blogs, and social media pages. Information shared publicly through these features is considered “public,” unless otherwise stated by law.

Loyalty Programs:

For example, enrollment in our Gearup Rewards Program may involve collecting personal information to track purchases and administer the program according to the Program Terms.

Promotional Activities:

Personal information is provided to participate in our promotions, such as sweepstakes or contests. In some jurisdictions, we may be required to publicly share identifying information of winners. Conferences, Trade Shows, and Other Events: Personal information is provided to us at events we attend or host.

Business Development and Strategic Partnerships:

Personal information collected from individuals and third parties for potential business opportunities.

Job Applications and Recruiting: Information collected during the job application process and used to assess your suitability for career opportunities with us or our affiliates.

We may automatically collect personal information when you use our Services.

Automatic Collection of Personal Information:

We may automatically gather specific information when you utilize our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising, and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider.

Additionally, we may automatically collect information about your usage of our Services, such as the pages you visit before, during, and after using our Services, details about the links you interact with, the types of content you engage with, the frequency and duration of your activities, and other information related to how you use our Services.

Cookie Policy (and Other Technologies):

Both we and third parties providing content, advertising, or other functionality on our Services may employ cookies, pixel tags, and other technologies (“Technologies”) to automatically collect information during your use of our Services.

Cookies:

Cookies are small text files placed in device browsers that store preferences and enhance your overall experience.

Pixel Tags/Web Beacons:

A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about user engagement. Pixel tags enable us to record, for instance, when a user has visited a specific web page or clicked on a particular advertisement. We may also include web beacons in emails to determine whether messages have been opened, acted upon, or forwarded.

Categories of Technologies:

Our use of these Technologies falls into the following general categories:

PERSONAL INFORMATION COLLECTED FROM OTHER SOURCES

We may acquire personal information about you from other sources, including third-party services and organizations. For instance, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may gather personal information about you from that third-party application, which you have made available through your privacy settings.

HOW WE USE YOUR PERSONAL INFORMATION

We employ your personal information for various business purposes, including providing our Services, administrative functions, and marketing our products and Services, as elaborated below.

PROVIDE OUR SERVICES

We utilize your information to fulfill our contracts with you and deliver our Services, including:

ADMINISTRATIVE AND LEGAL PURPOSES

We leverage your information for various administrative purposes, such as:

MARKETING AND ADVERTISING OUR PRODUCTS AND SERVICES

We may utilize your personal information to tailor your experience with our Services and to provide you with content and advertisements, as allowed by applicable law. Our marketing approaches may encompass email campaigns, text messages, custom audience advertising, and "interest-based" or "personalized advertising," including cross-device tracking.

If you have inquiries regarding our marketing practices or wish to opt out of the use of your personal information for marketing purposes, you can find more information about your choices in the "YOUR PRIVACY CHOICES AND RIGHTS" section of this Notice or Contact Us.

WITH YOUR CONSENT

We may employ personal information for other explicitly disclosed purposes at the time of providing such information or with your explicit consent.

OTHER PURPOSES

We also utilize your personal information for other purposes, either as requested by you or as permitted by applicable law. Additionally, we may create de-identified, aggregated, or anonymized information from your data. In the event we create or receive de-identified information, we will not seek to reidentify such information, except when necessary to comply with applicable law.

HOW WE DISCLOSE YOUR PERSONAL INFORMATION

We disclose your personal information to third parties for various business reasons, including providing our Services, safeguarding our interests and others, or in the case of significant business transactions such as mergers, sales, or asset transfers, as delineated below.

DISCLOSURES TO PROVIDE OUR SERVICES

We leverage your information for various administrative purposes, such as:

Additionally, we may share your information with third parties as appropriate and permitted by law. The privacy choices regarding your personal information are determined by applicable law and are detailed in the "YOUR PRIVACY CHOICES AND RIGHTS" section of this Notice.

YOUR PRIVACY CHOICES AND RIGHTS

The privacy choices you have regarding your personal information are contingent upon applicable law and are elucidated below.

CONTACT US / YOUR PRIVACY RIGHTS

If you have any inquiries about our privacy practices or this Notice, or if you wish to exercise your rights as outlined in this Notice, you can reach us through the following means:

For United States residents:

We will process these requests in accordance with applicable laws.

Verification Methods:

Upon submitting a request, we will verify your identity as the consumer to whom the request pertains by cross-referencing the identifying information you provide (e.g., name, email address, account-related information) with the data we have on record. Depending on the nature of your request, we will aim to match either two or three of the data points you supplied. If we cannot verify your request using the provided data points, we may contact you to request additional information for verification.

Authorized Agent:

You have the option to designate an "authorized agent" to submit requests on your behalf. We will require the authorized agent to furnish a written authorization confirming their authority. Additionally, we may request you to directly verify your identity with us. Once the authorized agent's identity is confirmed, they can proceed to submit a request in the manner described above.

Appeal:

You may possess the right to appeal our decision or respond to your request. To exercise your right to appeal, you can submit an appeal request using the same method employed for your initial request, including by contacting us as detailed in this Notice.

SECURITY OF YOUR INFORMATION

We take measures to ensure that your information is treated securely and in compliance with this Notice. Regrettably, no system is entirely infallible, and we cannot guarantee or warrant the security of any information you provide to us. To the maximum extent permissible by applicable law, we do not accept responsibility for unauthorized access, utilization, disclosure, or loss of personal information.

By using our Services or providing personal information to us, you consent to us communicating with you electronically regarding security, privacy, and administrative matters linked to your use of our Services. In the event of a security system breach, we may attempt to electronically notify you by posting a notice on our Services, via mail, or through email.

RETENTION OF PERSONAL INFORMATION

We retain the personal information we gather, as detailed in this Notice, for as long as you utilize our Services or as necessary to fulfill the purpose(s) for which it was collected. This includes providing our Services, resolving disputes, establishing legal defenses, conducting audits, pursuing legitimate business objectives, enforcing our agreements, and complying with applicable laws. Moreover, we make every effort to retain all such personal information in accordance with legal requirements.

SUPPLEMENTAL NOTICE FOR RESIDENTS OF CERTAIN U.S. STATES AND CALIFORNIA NOTICE AT COLLECTION

This Supplemental Notice is intended for residents of states that have enacted comprehensive privacy legislation and any other applicable state laws that may become effective from time to time (collectively referred to as "Applicable State Laws"). The table below outlines the categories of personal information we have collected and whether we have disclosed such personal information for a business purpose (e.g., to a service provider).

SUPPLEMENTAL NOTICE FOR RESIDENTS OF CERTAIN U.S. STATES AND CALIFORNIA NOTICE AT COLLECTION

The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth in “PERSONAL INFORMATION WE COLLECT” and “HOW WE USE YOUR PERSONAL INFORMATION” above, respectively.

SALES OF PERSONAL INFORMATION

Residents of certain states have the right to opt out of the “sale” of their personal information. A “sale” is defined broadly and includes the transfer of personal information by a business to a third party for valuable consideration (even if there is no exchange of money). We do not sell personal information as the term is commonly understood but may share personal information with third-party advertising partners for the purpose of promoting our Services as described above, such as for cross-context behavioral advertising and may be considered to “sell” personal information. To the extent that such sharing is considered a “sale” under applicable law, the categories of personal information we have “sold” and the categories of third parties we have “sold” personal information to in the preceding twelve months are listed below. To the extent that such sharing is considered a “sale” under applicable laws that extend rights to you, you may limit such sharing by following the instructions found above in the section titled, "YOUR PRIVACY CHOICES AND RIGHTS" or by Contacting Us as described in this Notice.

NOTICE OF FINANCIAL INCENTIVE

We may offer loyalty or other promotional programs for interested customers, including the Gearup Rewards Program through which we offer discounts, promotional items, or credit in connection with your purchases. We may also sponsor other programs such as sweepstakes, contests, or other similar programs with commercial incentives (collectively “Promotional Activities”). When you sign up to participate in any of our Promotional Activities, we typically collect basic personal information such as name and contact information to administer the Promotional Activities based on their Program Terms and or other rules that you accept when enrolling or signing up for them. Because these Promotional Activities involve the collection of personal information, they may be considered a “financial incentive” program under certain Applicable State Laws. The value of any personal information you provide when signing up for any Promotional Activity is related to the value of the various benefits, perks, or discounted products or services you may qualify for pursuant to such Promotional Activities, less our costs related to administering the Promotional Activities from time to time.

CALIFORNIA SHINE THE LIGHT

The California “Shine the Light” law permits users who are 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 their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you are a California resident and wish to inquire as to whether we have disclosed any personal information to third parties that qualifies under this provision, please Contact Us.

CHILDREN’S INFORMATION

Our Services are not directed to children under 18, and we do not knowingly collect personal information from children. Protecting children’s privacy online is very important to us. If you are a parent or guardian and believe your child has uploaded personal information to our site without your consent, please Contact Us. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and if applicable, terminate the child’s account.

OTHER PROVISIONS

Third-Party Websites/Applications: The Services may contain links to other websites/applications, and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen, or approve, and are not responsible for, the privacy practices or content of such other websites or applications. You agree that if you elect to provide personal information to third-party websites or applications encountered on our Sites or through our Services, you do so at your own risk.

INTERNATIONAL DATA TRANSFERS

All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws but note that your personal information may be accessible to the courts and the law enforcement and national security authorities of the United States.

The files and records containing your personal information subject to the applicable data protection laws of Canada will be kept in our offices and/or on our servers or those of our service providers, and only those employees that require it for the purposes of their duties will have access to these files. If you are a resident of Quebec and wish to exercise any of your data privacy rights, please Contact Us .

For more information about the safeguards we use for international transfers of your personal information, please Contact Us.

CHANGES TO OUR NOTICE

We may revise this Notice from time to time in our sole discretion. If there are any material changes to this Notice, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Notice if you continue to use our Services after the new Notice takes effect.