Privacy Policy
Motorcode, Inc. (“Motorcode” or “we” or “us”) has created this Privacy Policy in order to disclose its use of data collected about you. This Privacy Policy is effective as of August 17, 2022. Any questions regarding this policy should be directed by email to privacy@motorcode.com. The following discloses Motorcode’s information gathering and dissemination practices for its applications and website.
Motorcode may be the Controller or Processor of your personal data when provided to us by you or another organization, or collected by us or another organization from you during your use of the website and/or applications, as outlined below. If you use the Motorcode service or website, you consent to this policy and the collection, use and sharing of your personal data as described herein. You may also exercise certain legal rights or choices concerning your personal data, as described below.
Motorcode may collect or receive personal information about you, including, but not limited to, user name, password, first and last name, email address, street address, gender, occupation, and interests. You can choose what information you want to share with Motorcode, however if you choose to withhold any personal data requested by us, it may not be possible for you to gain access to certain parts of the Motorcode website and/or application. We collect personal information from you at several different points, including but not limited to the following:
- when we correspond with you;
- when you visit the website and/or application, including but not limited to automated data collection such as capturing your IP address, browser details, pages you visit, and other data;
- when you register as an end-user of our service and an account is created for you;
- when you provide information, such as user contributed content, survey information or join our mailing list;
- when you contact us for help
- when the website and/or application sends us error reports or application analytics data; and
- when engaged by a customer to perform services for them or on their behalf.
Motorcode does not require you to include sensitive information (e.g. racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships, genetic data, biometric data, data concerning health or data concerning sexual orientation). In the event that you provide such sensitive information as listed above you acknowledge that you have provided Motorcode explicit consent to receive such information.
Some personal data may also be collected or provided to Motorcode by a Motorcode customer, service provider, or other third-party. If you interact with some third-party services, such as social media companies, particularly where you have an account with the third party, they may collect additional information separate from Motorcode.
Certain jurisdictions require a lawful basis for processing of personal data, and we will only collect and process your personal data there where we have lawful basis. Our lawful basis include consent (where you have given it), where processing is necessary for the performance of a contract with you, and for the purposes of our legitimate interests or the legitimate interests of our third parties, provided that such interest does not outweigh your rights and freedoms. Examples of legitimate interest include but are not limited to: (i) complying with applicable law, (ii) protecting against security or other threats, (iii) administration of our business interests, including improvements and enhancements of our business, and (iv) customer relationship issues.
We retain the personal data about you, including that personal data you provide to us when you registered with the Motorcode website and/or application or any other information that you volunteered while using the website and/or application for (i) as long as your account is active or (ii) otherwise for a limited period of time as long as we need to fulfill the purposes for which we have initially collected it or any subsequent authorized use, unless otherwise required by law. We retain any information provided as described in the How We Use Your Information section below.
You may have the right to request access to, or restrict processing of, the information that Motorcode has on you in certain jurisdictions. You can do this by contacting us at privacy@motorcode.com. In order to comply with your request, we may have to verify your identity. If you believe that the information that we have about you is incorrect, you are able to contact us at privacy@motorcode.com with the change request. You may also have the right to request the deletion of any personal data that we have on you in certain jurisdictions. If you wish to do so, please contact us at privacy@motorcode.com. Note that Motorcode may not be able to delete any depersonalized data on you, any data that is needed for the purposes specified below, or other purposes permitted by the applicable law.
You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is listed on the European Commission website. If you need further assistance regarding your rights, wish to exercise a right provided by law that is not listed here, or to attempt to resolve a privacy issue prior to contacting regulators, please contact us using the contact information provided below.
Motorcode may use personal information that we collect about you to:
- deliver the products and services that you have requested;
- manage your customer relationship and provide you with customer support;
- perform analysis about your use of the website and/or application;
- communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest to you;
- enforce our terms and conditions and other agreements;
- manage our business, including but not limited to displaying advertising, deidentifying personal data, or use of data to improve and expand the services we offer through testing, development and other functions;
- conduct a sale of all or substantially all of our business or assets, which includes the sale, assignment or other transfer of your personal information in connection with such transaction;
- respond to investigation, court orders, legal process, or to investigate, prevent or take action regarding illegal activities, suspected fraud, or situations involving potential threats to the physical safety of any person, or as otherwise required by law; and
- perform functions as otherwise described to you at the time of collection.
Motorcode uses other companies to perform services as necessary to our operations. In the course of providing these services, those companies may have access to and use your personal information. Those companies must treat your information in accordance with our contractual agreement with them. However, we will not be liable for any damages that may result from the misuse of your personal information by these companies.
(a) Personally Identifiable Information. Motorcode will never sell your email address or any other personally identifiable information, to any third party without your permission. We may store personally identifiable information in locations outside the direct control of Motorcode (for example, on servers or databases co-located with hosting providers). Any personally identifiable information you elect to make publicly available on our websites and/or applications (such as posting comments, reviewing items, etc.) will be available to others. Except as described in this Privacy Policy, we will not disclose your personally identifiable information to any third party except consultants/contractors working on our behalf, without notifying you of our intent to share the information and giving you an opportunity to prevent your information from being shared. From time to time, we may partner with companies based on the interests of our users. In such case, we will do so in a manner that respects your privacy and is consistent with the disclosures in this Privacy Policy.
(b) Non-Personally Identifiable Information. The Motorcode site registration form may require users to give Motorcode contact information (such as your name and email address) and demographic information (such as your zip code, age, or income level). Motorcode uses your contact information from the registration form to send you information about Motorcode and promotional material from some of Motorcode’s partners. Your contact information may also be used to contact you when necessary. Motorcode may use demographic and/or profile data to tailor your experience on the Motorcode website and/or applications, show you content that Motorcode thinks you may be interested in, and display content according to your preferences. The demographic and profile data will be shared with third parties ONLY on an aggregate basis. Furthermore, Motorcode shall have the right to retain records of all data pertaining to use of the website and applications including, but not limited to, usage, activity logs, and click-throughs. Motorcode may disclose such data to third parties provided it is grouped with other Motorcode users’ data and is presented in an aggregate form.
(c) We May Be Required to Share Your Information. Motorcode reserves the right to disclose information when required by law, such as by a subpoena or other legal proceedings. Motorcode may also disclose your information if we reasonably believe it necessary to (i) comply with requests of law enforcement or other applicable law; (ii) to enforce any agreement between you and us; (iii) to protect the security and integrity of our site, applications, or services; and/or (iv) to protect us, our users or others.
(d) What Happens in the Event of a Change of Control: We may be involved with an acquisition or divestiture of our business, products or services. Information we maintain including names and email addresses, and other information related to the Motorcode service may be sold or transferred in connection with such transaction. We may also sell, assign or otherwise transfer such information in connection with a sale of all or substantially all of our business or assets. You will be notified via email and/or a notice on our site of any applicable change in ownership or uses of your information.
(e) Behavioral Targeting / Re-Targeting. We allow advertisers to display advertising on our sites and applications. Our advertisers may use technology such as cookies to gather information about your activities on multiple sites in order to provide you advertising based upon your activities and interests. The only way to opt out of the collection of any information through cookies or other tracking technology is through the settings in your browser or mobile device. Please review your browser or mobile device information for instructions on how to delete and disable cookies, and other tracking/recording tools (to learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org). If you access the Motorcode service, websites and/or applications on your mobile device, you may not be able to control tracking technologies through the settings. For more information, see the Cookies Section below.
(f) Testimonials. We may also disclose, on an anonymous basis, statements made by our users. However, with your consent, we may post your testimonial along with your name. If at any point you wish to update or delete your testimonial, please contact us at privacy@motorcode.com.
(g) Service Providers. Motorcode uses other companies to perform services as necessary to our operations, and we may share data with them to perform their services. For example, we may use an outside support/help platform, and a credit card processing company to bill you if you purchase services.
The information collected by Motorcode may be processed and/or stored in the United States, European Union Member Nations, Canada, or any other country in which Motorcode or its affiliates or service providers maintain operations. Motorcode may transfer information that we collect, including personally identifiable information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction of domicile to other countries or jurisdictions. If you are located in the European Union or other regions with laws restricting transferring of data, please note that we will comply with laws applicable to us.
Motorcode may act as a Processor or Subprocessor, and not a Controller, with respect to personal information collected on behalf of customers. If we are a Processor or Subprocessor with respect to your data, the processing of your data will be set by the Controller and there may be additional or different terms with respect to your data. If you are a customer who uses our services and you collect personal information on citizens within the European Economic Area, we ask that you contact privacy@motorcode.com to request a Data Processing Addendum (“DPA”).
Motorcode is concerned with protecting your privacy and data, and therefore we use industry-standard technologies when transferring and receiving consumer data exchanged between Motorcode and other companies to help ensure its security. This site has security measures in place designed to protect the loss, misuse and alteration of the information under Motorcode’s control. Motorcode’s servers are backed up regularly and protected by security systems. However, we cannot ensure or guarantee the security of any information you transmit to us or guarantee that your information on the Motorcode service may not be accessed, disclosed, altered or destroyed by breach of any of our industry standard physical, technical or managerial safeguards. If you have any questions about security on our website and/or application, you can contact us at privacy@motorcode.com.
“Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at our website and/or application. However, once you choose to furnish the website and/or application with personal information, this information may be linked to the data stored in the cookie. We use cookies to understand website and/application usage and to improve the content and service. We also may use cookies to offer you products or services. You have many choices with regards to the management of cookies on your computer. All major browsers allow you to block or delete cookies from your system. To learn more about your ability to manage cookies, please consult the privacy features in your browser.
Global Positioning System (GPS) tracking technology may need to be enabled in Motorcode products and services in order to determine the location (latitude and longitude) of users of the Motorcode products and services. You acknowledge and consent to the use of this technology. You have the right to reject the use of this technology by contacting support@motorcode.com, however note that this technology and its applicable information is used in conjunction with Motorcode’ applications and therefore some elements of the Motorcode’ website and/or application may not be accessible to you. This information may be transmitted to Motorcode, Motorcode’s users, and temporarily stored by Motorcode, as necessary for the services. Motorcode does not provide this information to any other third party, other than its service providers as necessary for the services.
Motorcode may create links to other web sites. Motorcode will make a reasonable effort to link only to sites that meet similar standards for maintaining each individual’s right to privacy. However, many other sites that are not associated or authorized by Motorcode may have links leading to our site. Motorcode cannot control these links and Motorcode is not responsible for any content appearing on these sites.
We do not knowingly collect any information from anyone who we know to be under the age of 13. If you are under the age of 18, you should use this website only with the involvement of a parent or guardian and should not submit any personal information to us. If we discover that a person under the age of 13 has provided us with any personal information, we will use commercially reasonable efforts to delete such person’s personal information from all Motorcode systems.
Motorcode does not currently respond to browser “Do Not Track” (DNT) signals or other mechanisms. Third parties may collect personal information about your online activities over time and across sites when you visit the website and/or application.
If you are a California resident, California Civil Code Section 1798.83 permits you to request certain information regarding our disclosure of personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please contact us by sending an e-mail to privacy@motorcode.com.
Our website and/or application are not intended to appeal to minors. However, if you are a California resident under the age of 18, and a registered user of our website and/or application, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an e-mail with a detailed description of the specific content or information to privacy@motorcode.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
Under California law, California residents who have an established business relationship with us may opt-out of our disclosing personal information about them to third parties for their marketing purposes.
The website and/or application is hosted and operated entirely in the United States and is subject to United States law. Any personal information that we collect from you is currently stored and processed in the United States. If you are accessing the website and/or application outside of the U.S., you need to understand that by accessing our website and/or application, you consent to the transfer of your personal information to the United States. Please be advised that United States law may not offer the same privacy protections as the law in your jurisdiction.
Motorcode may amend this policy at any time. If Motorcode is going to use personally identifiable information collected through the Motorcode site in a manner materially different from that stated at the time of collection, Motorcode will notify users via email and/or by posting a notice on the Motorcode site for thirty (30) days prior to such use. This Privacy Policy may not be otherwise amended except in a writing that specifically refers to this Privacy Policy and is physically signed by both parties.
This Privacy Policy inures to the benefit of successors and assigns of Motorcode.
If you have any questions about this Privacy Policy, the practices of this site, your dealings with this web site, or request access, changes or deletion to information we have about you, you can contact privacy@motorcode.com. Upon request, Motorcode will provide you with access to information (e.g., name, address, phone number) that Motorcode collects and maintains about you. This site gives you the following options for changing, modifying or removing information previously provided: (i) email: privacy@motorcode.com; or (ii) visit www.motorcode.com.
The Motorcode site provides users the opportunity to opt-out of receiving communications from Motorcode, except transactional correspondence. To opt-out of receiving our communications, you can (i) send email to privacy@motorcode.com
If You have any questions, complaints or claims with respect to the Licensed Application or any conduct or content, You can contact us at: 512-986-4055 and support@motorcode.com