PRIVACY POLICY

Effective 5-17-2016

We recognize that your privacy is very important. This privacy policy covers Adam Carolla’s Car Genius (“Car Genius”) policies on the collection, use, and disclosure of your information when you use, access and initiate transactions on the Adam Carolla Car Genius mobile application and/or the related website located at www.cargeniusapp.com (collectively the “App”).

The following policy explains how Car Genius collects, uses and disseminates information obtained from or about you as a user of the Services or App.

When you visit the App or otherwise access the Services, servers collect general information about your visit (such as, for example, traffic data like time, date and the address of the website from which you entered the App), which is stored as anonymous, aggregate data. Car Genius also collects more specific information about you and your use of the Services (such as, for example, demographic data, profile data and frequency or duration of use).

Regardless of how you access the Services, to ensure the integrity of the Services, you must complete an account registration process and provide Car Genius with current, complete and accurate information, as more specifically required by then current registration procedures and operational prompts.

By way of illustration and not limitation, you may be required to provide some or all of the following information in order to establish your account and register for and use the Service: First and Last name, username, email, and password.

Whenever you interact with the Services, a variety of technologies are employed to automatically or passively collect User Data. The term User Data means all data and information that are provided by you during registration and subsequent use of the Services (including queries related to obtaining Vehicle Services), and all other data and information about you that are otherwise discerned or collected by, or on behalf of, Car Genius based on your access and use of the Services. For clarity, User Data includes, but is not limited to: browser or device type; operating system; time of day; identification of the page served and preceding page views; use of particular Services features or applications (such as, for example, viewing or responding to advertisements); registration data; vehicle information; geographic location; Vehicle Service histories. At no time will an App access, collect or store any of the personal contacts or photographs or any other personal information stored on your device without your permission.

“Content” means texts, images, photos, audio, video, location data, and all other forms of data or communication. “User Content” means Content that you submit or transmit to, through, or in connection with the App, and information that you publicly display or that might be displayed in your account profile. To the extent applicable, any User Content that you upload, post, submit or otherwise distribute via any App or other aspect of the Services, will be available for public consumption.

Car Genius will not collect personally identifiable information from any person who is actually known to us to be under the age of 13. If we become aware that a person under 13 has provided personally identifiable information, Car Genius will take steps to remove such information and terminate that individual’s account, access and use of the Services.

Use of Information.

Except as set forth below, at no time will any or your personally identifiable information be shared with any third party by Car Genius.

Car Genius uses Traffic Data to help diagnose problems with its web servers, to administer the Services and to analyze user trends and behaviors. Car Genius will share Traffic Data with certain third parties for the purposes of technical and customer support.

Car Genius uses your registration data to contact you with information about benefits or privileges available through the Services, to provide offers, to respond to your inquiries for additional information (including to gather offers from mechanics and service providers to provide Vehicle Services), to provide additional information according to your preferences, for Car Genius Business Partners to provide offers to you via email or via the App, and for Car Genius’s other business purposes (collectively, “Periodic Communications”). At your election at any time, you may choose to stop receiving some or all Periodic Communications from Car Genius as described below in the Opt-Out section.

Car Genius collects, stores, processes and analyzes User Data and produces Analytics. The term Analytics means user profiles and statistics, metrics, abstractions and other analyses that are based on or derived from your use of the Services and User Data, which are developed in the aggregate with other data or which are developed in a manner that does not disclose your identity or User Data (unless in aggregated or anonymized form).

Car Genius will use your User Data and exploit Analytics in the manner and for the purposes described in the Terms, including without limitation: to use User Data to communicate with you; to include, copy, disclose, distribute, transmit and display User Data in communications that you have initiated via the Services; to access, record, collect, copy, store, process, analyze and use User Data to provide the Services (including to solicit offers for Vehicle Services from Mechanics and service providers and to confirm appointments); to develop, improve, extend and test the Services (and underlying technology platform); to design, develop and produce Analytics; and to disclose, distribute and transmit User Data and/or Analytics to channel partners, retailers, service centers, advertisers, advertising networks, content distributors, original equipment manufacturers and other of Car Genius’s customers, service providers and business partners (collectively, Business Partners).

User Content, if applicable, is intended to and will be made available to and used by other users, and by Car Genius and its Business Partners. Car Genius will use your User Content in the manner and for the purposes described in the Terms, including without limitation: to use, reproduce, publicly display, publicly perform, adapt, collect, modify, delete from, distribute, transmit, promote and make derivative works of the User Content, in any form, solely for the purposes of offering, providing, marketing, advertising and promoting the App and other aspects of the Services (including without limitation, being exported under content sharing arrangements with Business Partners); and to permit third parties to use your User Content.

IP Addresses and Cookies.

Car Genius uses your IP address to help diagnose problems with its web servers and administer the Services. Your IP address is used to help identify you and to gather demographic information. IP addresses are also used to provide an audit trail regarding use of the Services.

“Cookies” are pieces of information that a website transfers to your computer’s hard disk for record-keeping purposes. Cookies in and of themselves do not personally identify users, although they do identify a user’s computer. If applicable, you may be able to set your web browser to refuse Cookies, which in turn may affect your ability to access and use the Services.

Third parties who provide advertising using the Services may also use Cookies for the purpose of collecting and storing information. Car Genius does not have access to or control over third party advertisers’ use of Cookies. You may be able to opt-out of some of these practices through the Network Advertising Initiative opt-out page at http://www.networkadvertising.org/choices/ or the DAA opt-out page at http://www.aboutads.info/.

Interest Based Advertising.

The App utilizes Google AdChoice to provide interest-based ads on the App. Users may opt-out of ad tracking within your device’s Settings, under “Privacy” and then “Advertising.”

Sharing of Personally Identifiable Information.

Car Genius may disclose personally identifiable data if (a) authorized by you, (b) reasonably necessary for Car Genius (or its service providers) to operate the Services, (c) otherwise permitted under this Privacy Policy or other Terms or (d) Car Genius reasonably believes that such action is necessary (i) to conform or comply with any legal, regulatory, law enforcement or similar requirement or investigation, (ii) to protect or defend the rights or property of Car Genius or any third party or (iii) to enforce the Terms.

Business Transfers.

Car Genius may transfer Traffic Data, User Data (including personally identifiable information), User Content and Analytics to any successor to all or substantially all of its business or assets that concerns the Services. In the event of such a transfer, such successor will have all of the rights and be subject to all of the obligations of this Privacy Policy, including, without limitation, the right to modify or replace this Privacy Policy, as provided herein.

Security.

Information collected by, or on behalf of, Car Genius is stored in operating environments that are secured using commercially available tools and procedures, and which are not made generally available to the public. Unfortunately, no data transmission over the Internet and/or wireless networks can be guaranteed to be 100% secure. As a result, Car Genius cannot ensure the security of any information you provide, and you do so at your own risk. Once Car Genius receives your information, it will make reasonable efforts to ensure its security on Car Genius’s systems.

Connections.

You may be able to obtain the App, access the Services and/or communicate with the Services from, and you may be able to link or communicate from the Services to, applications, devices and websites owned and operated by mechanics, channel partners, advertisers or other Business Partners. These other applications, devices and websites are not operated or controlled by Car Genius. Additional or different terms and conditions (including without limitation, privacy and security practices) apply when you access and use such other applications, devices and websites, which are not the responsibility of Car Genius.

Opt-Out.

At any time, you may elect to opt-out from receiving Periodic Communications from Car Genius or its Business Partners by following the unsubscribe instructions provided in every e-mail you receive from Car Genius or its Business Partners, or by sending an email to opt-out@cargeniusapp.com; provided, Car Genius reserves the right to continue using your contact information to send you important information (such as, for example, information about changes to this Privacy Policy, legal information, or account information). Opting-out does not terminate your registration or account, and does not terminate our right to continue serving advertisements while you use the Services.

Do Not Track Signals.

“Do Not Track” is a feature enabled on some browsers that sends a signal to request that a web application disable its tracking or cross-site user tracking. At present, the App dos not respond to or alter its practices when a Do Not Track signal is received.

Termination.

If you terminate your registration and account for the Services, or if your registration or account is terminated for any reason by Car Genius, then Car Genius will remove your personally identifiable information from the Services; provided, Car Genius will retain the rights and licenses to retain and use your other User Data and User Content (which is not personally identifiable) as provided in this Privacy Policy and other Terms.

Non-US Users.

YOU EXPRESSLY CONSENT TO THE TRANSMISSION, COLLECTION, STORAGE, PROCESSING AND USE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY. YOUR PERSONAL INFORMATION MAY BE COLLECTED, STORED, PROCESSED, USED AND TRANSMITTED WITHIN, FROM AND TO THE COUNTRY WHERE IT WAS COLLECTED AND THE UNITED STATES. UNITED STATES LAWS REGARDING PROCESSING OF PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY.

Updates.

Car Genius reserves the right, at its sole discretion, to update, modify or replace this Privacy Policy, in whole or in part, at any time. Car Genius will use reasonable efforts to notify you of any material change in advance of the effective date of any change. Change notices may be communicated by postings via the App, e-mail or otherwise. In any case, you should periodically check this Privacy Policy for changes. Continued access or use of the Services following any change to this Privacy Policy constitutes your acceptance of those changes.

Information collected by the Services is subject to the Privacy Policy in effect at the time of use.

You may correct or otherwise change your registration data by contacting Car Genius, as provided below.

Contact.

If you have any questions regarding this Privacy Policy or your dealings with the Services, please email us at Privacypolicy@cargeniusapp.com or contact us at:

Car Genius
Attn: Privacy Policy
5030 E 2nd Street
Suite 205
Long Beach, CA 90803