TERMS OF USE & PRIVACY POLICY

 

This Privacy Policy (“Policy”) describes the Personal Information Encore Repair Services, LLC, (collectively, “Encore,” “we,” “us,” or “our”) and its service providers collect through this website (“Site”), and how Personal Information is used, shared and protected.

 

WE MAY MODIFY THIS POLICY AT ANY TIME. ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE SITE. MATERIAL CHANGES WILL BE CONSPICUOUSLY POSTED ON THE SITE OR OTHERWISE COMMUNICATED TO YOU.

 

If you use this Site, you must comply with our Term of Use (“Terms”). This Privacy Policy is incorporated by reference into the Terms.

 

Categories of Personal Information We Collect

We may collect the following categories of Personal Information, which is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”):

Identifiers: Identifiers such as: a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address (“IP Address”), email address, or other similar identifiers.

Customer Records: Signatures and telephone numbers.

Commercial Information: Commercial information which identifies topics which visitors to our Site may be interested in learning more about.

Internet Activity: Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.

Geolocation Data: Information which allows us to identify a physical location.

Employment Information: Professional or employment-related information.

Inferences: Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

 

This Policy does not apply to any Personal Information that is publicly available.

 

Categories of Sources

We may collect all categories of Personal Information listed above from the following categories of sources:

SOURCE 1: We Collect Personal Information Directly From You.

We collect Personal Information that you provide directly to us. Personal Information may be required in some circumstances, for example, when you contact us via email, phone, or use our Contact Us form (where we may retain your message and our response), receive or request data from us, and respond to communications from us (e.g., promotional offers).

Feedback. When you provide comments or feedback about our Site, the content on the Site, or our products or services (“Feedback”), we will not treat that Feedback as confidential and we may use that Feedback for any purpose in our sole discretion so long as it does not personally identify you. Feedback will be used without attribution or compensation to you.

 

SOURCE 2: We Collect Personal Information Automatically.

 Automated Data. We automatically collect certain Personal Information from you when you access our Site, including pages you click-on on when visiting the Site, IP address, approximate location information, browser type, operating system, date and time you visit the Site, the amount of time spent on the Site, and the device you use to access the Site.

 

Cookies & Other Tracking Technologies

 What types of online tracking mechanisms do we use? We may use cookies, web beacons, pixel tags and other tracking technologies (collectively, “Cookies”) on our Site.

 

What are cookies, web beacons / pixel tags? A cookie is a small text file that our Site saves onto your computer or device when you use the Site that provides us certain information about your activities. Cookies allow the Site to remember your actions and preferences and recognize you or your browser. Web beacons / pixel tags are small graphics on a webpage that monitor your activity when viewing a webpage.

 

Why do we collect Cookies? We use Cookies to:

  • make our Site function properly;
  • provide personalized experiences;
  • tailor our interactions with you;
  • help with our marketing efforts;
  • provide us with valuable data and statistics about the usage and effectiveness of our Site and to help us improve our Site; and
  • help us improve our services.

 

What type of information do Cookies collect? The Cookies on our Site may collect information such as:

  • IP addresses assigned to the computers and other devices you use;
  • your internet service provider;
  • device ID number;
  • approximate geographic location;
  • browser type;
  • Site pages visited;
  • websites you access before and after visiting the Site, and
  • data related to how and when you use the Site.

 

How long do Cookies last? A Cookie can either be a “session” Cookie or a “persistent” Cookie. Session Cookies exist only for so long as you are visiting the applicable Site and are typically deleted when you exit your web browser. Persistent Cookies exist for a set period of time, for example, up to several months or years. Each time you visit a Site that has implemented a persistent Cookie, the persistent Cookie is renewed and that Cookie will remain active until its predetermined expiration date. You can manually delete persistent Cookies through your browser settings.

 

Flash cookies differ from other browser cookies regarding the amount and types of data collected and how the data is stored. Your browser will not remove and cannot manage Flash cookies in the same way as other Cookies. To learn about managing your Flash cookie settings, visit the Flash player settings page on Adobe’s website here.

 

How do you manage Cookies or opt-out? Most browsers automatically accept cookies. You can disable this function by changing your browser settings, but disabling cookies may impact your use and enjoyment of the Site. Not all features or functions of the Site may work properly if you disable Cookies. You cannot disable all Cookies, such as Cookies that are essential to the functioning of the Site.

 

California’s “Do-Not-Track” Requirement. We currently do not honor “do not track” requests.

 

Purpose for Collecting Personal Information

We may use all categories of Personal Information listed above for the following business purposes:

 

As Stated or Agreed to at the Point of Collection. We may use Personal Information for the purposes stated or agreed-to (or as is obvious) at the point of collection. For example, we use Personal Information to respond to your questions or comments. We may also use Personal Information as requested or consented to by you.

 

Site Management. We use Personal Information for Site management, such as troubleshooting problems, improving the content and functionality of the Site, statistical and other analyses of the Site, and to customize the Site to you and our users.

 

To Protect Our Rights. We may use Personal Information to protect our legal rights or interests, or those of third parties, including to bring a legal action against you or anyone who may be causing harm to us, our Site, or to other users of the Site. We may also use Personal Information to seek business, financial or legal advice, and to respond to other legal requests.

 

Categories of Third Parties With Whom We Share Personal Information

We may share all categories of Personal Information listed above with the following categories of third parties:

 

Employees and Affiliates. Encore, with its subsidiaries, is a global company with business operations and customers in many countries around the globe. We may share Personal Information within Encore, including transferring that information to countries in which we do business. Any Encore subsidiaries receiving Personal Information will be governed by this Policy and are also bound by appropriate confidentiality and data transfer agreements. Personal Information may be stored and processed in the United States or any other country where Encore or its subsidiaries are located.

 

Government Officials / Law Enforcement. We will cooperate with law enforcement and other governmental agencies, and may disclose Personal Information: (i) if we believe in good faith we are legally required to disclose that Personal Information, (ii) if we are advised to disclose Personal Information by our legal counsel, or (iii) when necessary to identify, contact or bring a legal action against someone who may cause or be causing harm to, or interfering with the legal rights of, Encore or any other party.

 

Professional Advisors. We may share Personal Information with certain service providers that are our professional advisors, such as our attorneys, accountants, financial advisors and business advisors, in their capacity as advisors to Encore.

 

Change in Ownership. In the event Encore is the subject of a change of control or in the event the Site changes ownership, in whole or in part, or in the event of a bankruptcy, receivership or a similar transaction, we may provide Personal Information to the subsequent owner(s).

 

Other. We may share Personal Information with third parties when explicitly requested by or consented to by you, or for the purposes for which you disclosed the Personal Information to us as indicated at the time and point of the disclosure (or as was obvious at the time and point of disclosure).

 

Categories of Personal Information Sold

 We do not sell your Personal Information.

 

Categories of Personal Information Disclosed For a Business Purpose

  • Identifiers
  • Customer Records
  • Employment Information
  • Inferences

 

Use and Disclosure of De-Identified or Aggregated Information

Encore may collect, use, share, transfer and otherwise process de-identified and aggregated information that it receives or creates for any purposes in its sole discretion, in compliance with applicable laws. Encore is the sole and exclusive owner of such de-identified and aggregated information, including if Encore de-identifies Personal Information so that it no longer considered Personal Information under applicable laws.

 

Children

The Site is not directed at children under 16 years of age. We do not knowingly collect, use, or share Personal Information from children under 16. If a parent or legal guardian learns that their child provided us with Personal Information without his or her consent, please contact us and we will make commercially reasonable attempts to delete such Personal Information. For clarity, we do not sell the Personal Information of anyone under the age of 16 years old without affirmative authorization.

 

Data Security

We use commercially reasonable technical and organizational measures to help secure Personal Information against loss, misuse, and alteration appropriate to the type of Personal Information processed. If a breach of your Personal Information occurs, we will notify you of the breach if required under applicable law.

 

You understand that no data transmission over the internet or device can be guaranteed to be 100% secure. While we strive to protect Personal Information, we do not guarantee the security of Personal Information and you provide Personal Information at your own risk.

 

Access from Outside the United States

If you access the Site from outside the United States, please be aware that Personal Information may be transferred to, stored in, and processed in the United States. Certain governmental authorities may not consider the level of protection of Personal Information in the United States to be equivalent to that required by the in other jurisdictions.

 

Third-Party Websites

 The Site may link to, or be linked to, websites not owned or controlled by us. We are not responsible for third-parties’ privacy policies or practices. This Policy does not apply to any third-party websites or to any data that you provide to third parties. You should read the privacy policy for each website that you visit.

 

Contact Us

 If you have any questions you may contact us as set forth below:

Encore Repair Services, LLC

Attn: Legal Department

105 Prairie Lake Road, Unit D

East Dundee, IL 60118 USA

https://encorerepair.com/

info@encorerepair.com

1-800-436-6448

 

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YOUR CALIFORNIA PRIVACY RIGHTS

Under the California Consumer Privacy Act (“CCPA”), California residents have additional rights with regard to their personal information. Certain capitalized terms not defined in this Policy have the meanings set forth in the California Consumer Privacy Act of 2018 (“CCPA”). In the event of a conflict between this Section and the remainder of this Policy, this Section will take precedence for those California residents.

 

The right to know and the right to request deletion are subject to certain exceptions and subject to our ability to verify your identity. We have provided a summary of those rights below:

 

Right to Access. You have a right to access any of the following information for the 12-month period prior to the date of your request: (a) the categories of Personal Information we collected from you, (b) the categories of sources from which the Personal Information was collected, (c) the business or commercial purpose for collecting or selling your Personal Information, (d) the categories of third parties with whom we shared your Personal Information, (e) the specific pieces of Personal Information we collected from you (i.e., “data portability”), and (f) a list of categories of Personal Information we Sold or disclosed for a Business Purpose in the last 12 months.

 

Right to Request Deletion. You have a right to request that we delete Personal Information we collected from you. We will comply with such request, and direct our service providers to do the same, subject to certain exceptions permitted by applicable law.

 

How to Exercise Your Rights Under CCPA

How to Exercise Your Rights. To exercise your rights under the CCPA, you may submit your request to us by contacting us at any of the following:

1-800-436-6448

https://encorerepair.com/

info@encorerepair.com

 

Who May Exercise Your Rights. You may only make a request to exercise your rights on behalf of yourself. A parent or legal guardian may make a request on behalf of their child. If you are a California resident, only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a request related to your Personal Information. See the section titled “Authorized Agents” below for more information.

 

Verifiable Consumer Request. In order to verify your request, you must provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information (e.g., name, address, and phone number). You must describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it (e.g., please specify the information that you want to access or delete). We will review your request and either respond with further questions or verify that your request is complete. We will maintain records regarding your request and our response.

 

When We Will Respond. We will try to respond to your request within 45 days. If we require additional time, we will inform you of the reason and extension period. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. For data portability requests, we will select a format to provide your Personal Information to you. We may charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded.

 

Sale of Personal Information.  We do not sell your Personal Information.

 

Non-Discrimination. We will not discriminate against you for exercising your rights under the CCPA by charging you different pricing or provide a different quality of products.

 

Authorized Agents. You may designate an authorized agent to make a request on your behalf to exercise your rights under the CCPA by doing the following: (1) provide the authorized agent written permission to do so; and (2) verify your own identity (per the process stated above), as well as the identity of the authorized agent directly. We may deny a request from an authorized agent if we do not have proof that they are authorized by you to act on your behalf.

 

Shine the Light. Encore does not share Personal Information as defined by California Civil Code Section 1798.83 (“Shine the Light”) with third parties for their direct marketing purposes absent your consent. If you are a California resident, you may request information about our compliance with Shine the Light by contacting us by email to info@encorerepair.com or by sending a letter to Encore Repair Services, LLC, 105 Prairie Lake Road, Unit D, East Dundee, CA 60118 (Attention: Legal Department). Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address or mail address.

 

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Encore Website Terms of Use

This Website (“the Site”) is owned and maintained by Encore Repair Services, LLC and other affiliates of Encore Repair Services, LLC (collectively, “Encore”). By accessing or using this Site, you unconditionally agree to be bound by all of the terms, conditions, and notices contained in this Site Use Agreement. Additional terms and conditions applicable to specific areas of the Site or to particular content or transactions may also be posted in particular areas of the Site and, together with these general terms and conditions, govern your use of those areas. These general terms and conditions in this Agreement, together with such additional terms and conditions where applicable, are referred to as “this Agreement.”

By using the Site, you express your understanding and agreement that you are bound by these general terms and conditions. By using areas of the Site on which other terms and conditions are posted, you express your understanding and agreement that you are bound by those terms and conditions as well. If you are unwilling to be bound by these general terms and conditions, do not use the Site. If you are unwilling to be bound by terms and conditions applicable to particular areas of the Site, do not use those areas. By using the Site, you also express your understanding and agreement that you are responsible for complying with all applicable laws and regulations, including export and re-export control laws and any applicable local laws. Accessing or using any portion or feature of the Site from any territory where such portion or feature of the Site is illegal is prohibited.

Encore reserves the right to revise this Agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions. By continuing to use the Site after such revisions are made, you express your understanding and agreement to such revised terms. Encore Intellectual Property, the Site and all of its content (including but not limited to all text, images, and software) are the property of Encore or its licensors and are protected by United States and international copyright, trademark and other laws. Encore reserves all intellectual property rights not expressly granted under this Agreement.

 

Disclaimers

The material and information on the Site may contain technical, typographical, or other errors or inaccuracies (including errors, inaccuracies or omissions relating to product or service descriptions, pricing, or availability) and may not be complete or current. ENCORE DOES NOT WARRANT THAT ANY MATERIAL OR INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR CURRENT. Encore may change any material or information on the Site at any time without prior notice, but Encore does not make any commitment to update material or information on the Site. ENCORE MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE, LAWFUL, OR APPROPRIATE FOR ACCESS OR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES AND ITS TERRITORIES AND POSSESSIONS. Encore has not reviewed all of the sites to which links appear on the Site and is not responsible for their contents. The inclusion of any such link on the Site does not imply endorsement by Encore of any linked site, the use of which is at the user’s own risk.

 

Warranty Disclaimer

WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL OF ITS CONTENT ARE MADE AVAILABLE BY ENCORE “AS IS,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. USERS OF THE SITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY, AND PERFORMANCE OF THE SITE AND ITS CONTENT AND ACKNOWLEDGE THAT THE SITE AND ITS CONTENT MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME. ENCORE DOES NOT REPRESENT OR WARRANT THAT ANY SITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY ENCORE WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

Indemnification & Limitation of Liability

You agree to defend, indemnify and hold Encore, its subsidiaries, affiliates, successors and assigns, and their respective, shareholders, directors, officers, employees and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to Your use of the Site. ENCORE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, WHETHER OR NOT ENCORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ENCORE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU MAY SUFFER ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICES OR PRODUCTS PROVIDED HEREUNDER. ENCORE SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF YOUR NETWORK, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, OR TORT, AND SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.

 

Applicable Law & Dispute Resolution

Encore maintains and operates the Site from its facilities in Illinois in the United States of America. Use of the Site and its contents, all transactions arising from use of the Site, and this Agreement, shall in all respects be governed by and interpreted, construed, and enforced in accordance with the laws of the United States of America and the state of Illinois, without giving effect to any principles of conflict of laws. Any dispute between Encore and any user of the Site will be venueed in a state or federal court situated within the state of Illinois, and the user hereby irrevocably submits to the personal jurisdiction of such courts for that purpose. The parties hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.

 

Last Update / Effective Date: January 1, 2020