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ATD Privacy Policy

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1. Introduction

 

American Tire Distributors, Inc. (“ATD”, “we”, or “us”) respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit the website www.ATD-US.com or any of its sub or micro-sites, including any content, functionality and services offered on or through such website or its apps (the “Website”) and our practices for collecting, using, maintaining, protecting and disclosing that information.

 

This policy applies to information we collect:

 

  • On this Website.

  • In e-mail, text and other electronic messages between you and us.

 

This policy does not apply to information collected by:

 

  • Us offline or through any other means not expressly stated in this policy, including on any other website operated by ATD or any third party (including our affiliates and subsidiaries); or

  • any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

 

Please read this 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, you should not access or use our Website.  By accessing or using our Website, you agree to this privacy policy. This policy may change from time to time (see the “Changes to our Privacy Policy” section below). Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

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2.   Children Under the Age of 13

 

Our Website is not intended for children under 13 years of age.  No one under age 13 may provide any information to or on Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on or through the Website or on or through any of their features/register on the Website, use any of the interactive or public comment features of the Website, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@ATD-us.com.

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3. Information We Collect About You and How We Collect It

  

The categories of personal information we collect depend on how you interact with us, our Website, and the requirements of applicable law.  We collect information that you provide to us, information we obtain automatically when you use our Website, and information from other sources such as third-party services and organizations, as described below.   For residents of certain states, additional disclosures about the information we collect is available in our supplemental disclosure below.

  

Personal Information You Provide to Us Directly 

We may collect personal information you provide to us, including:

  • Account Creation . We may collect personal information when you create an account, such as name, email address, username, address, telephone number, and other similar contact information. 
     

  • Purchases. We may collect personal information and details associated with your purchases, including payment information. 
     

  • Your Communications with Us. We may collect personal information, such as email address, phone number, or mailing address when you request information about our Website, register for our communications or programs, request customer or technical support, or otherwise communicate with us.
     

  • Surveys. We may contact you to participate in surveys. If you decide to participate, we may collect personal information from you in connection with the survey.
     

  • Interactive Features . We and others who use our Website may collect personal information that you submit or make available through our interactive features (e.g., messaging and chat features, commenting functionalities, forums, blogs, and social media pages). Any information you provide using the public sharing features of the Website will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein.   Such information is posted on our Website and transmitted to others at your own risk. 
     

  • Sweepstakes or Contests. We may collect personal information you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners.
     

  • Conferences, Trade Shows, and Other Events. We may collect personal information from individuals when we attend or host conferences, trade shows, and other events. 
     

  • Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities. 
     

  • Job Applications. We may post job openings and opportunities on our Website. If you respond to one of these postings, we may collect your personal information, such as your application, CV, cover letter, and/or any other information you provide to us. 
     

  • Content in Forms.  Information that you provide by filling in forms on our Website, including forms for sales and referrals, employment or agency with ATD. This includes information provided at the time of subscribing to our posting material or requesting further marketing or membership services.
     

  • Sales Leads.  You may be requested to provide financial information in connection with sales leads through our Website or service partner websites.

 

Personal Information Collected Automatically 

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

  • Automatic Collection of Personal Information. We may collect certain information automatically when you use our Website, 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. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services. 
     

  • Cookie Policy (and Other Technologies). We, as well as third parties that provide content, advertising, or other functionality on our Website, may use cookies, pixel tags, and other technologies (“ Technologies”) to automatically collect information through your use of our Website. 
     

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

* Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in our Website or communications that collects information about engagement on Website. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.

 

Our uses of these Technologies fall into the following general categories: 
 

  • Operationally Necessary . This includes Technologies that allow you access to our Website, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity, improve security, or allow you to make use of our functionality;
     

  • Performance-Related . We may use Technologies to assess the performance of our Website, including as part of our analytic practices to help us understand how individuals use our Website ( see Analytics below); 
     

  • Functionality-Related . We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Website. This may include identifying you when you sign into our Website or keeping track of your specified preferences, interests, or past items viewed;
     

  • Advertising- or Targeting-Related . We may use first party or third-party Technologies, including cross-device tracking, to deliver content, including ads relevant to your interests, on our Website or on third-party digital properties. 
     

  • Analytics. We may use Technologies and other third-party tools to process analytics information on our Website. These Technologies allow us to better understand how our digital Websites are used and to continually improve and personalize our Websites. Some of our analytics partners include:

 

* Google Analytics For more information about how Google uses your personal information (including for its own purposes, e.g., for profiling or linking it to other data), please visit  Google Analytics’ Privacy Policy . To learn more about how to opt-out of Google Analytics’ use of your information, please click  here .

 

See “Choices About How We Use and Disclose Your Information ” and “Your Privacy Rights”  below to understand your choices regarding these Technologies.

  

  • Social Media Platforms. Our Website may contain  social media buttons, such as Facebook, Instagram, Twitter, and LinkedIn which might include widgets such as the “share this” button or other interactive mini programs. These features may collect personal information such as your IP address and which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Your interactions with these platforms are governed by the privacy policy of the company providing it.

 

Personal Information Collected from Other Sources

 

Third-Party Services and Sources. We may obtain personal information about you from other sources, including through third-party services and organizations.   For example, if you access our Websites through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect personal information about you from that third-party application that you have made available via your privacy settings.

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4. How We Use Your Information 

 

We may use information that we collect about you or that you provide to us to:

Provide our Website and services to you, including to:
 

  • present Website and its contents to you; 
     

  • manage your information and accounts; 
     

  • process your financial and payment information for products and services you purchase, 
     

  • provide you with information and products that you request from us;
     

  • carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
     

  • allow you to register for events and our programs; 
     

  • notify you about changes to our Website or any products we offer or provide through it;
     

  • allow you to participate in interactive features on or through the Website;
     

  • communicating with you; 
     

  • fulfill any other purpose for which you expressly provide it or any other way we may describe when you provide the information; and
     

  • carry out other purposes with your consent.

 

Carry out our administrative purposes, including to:

 

  • pursue our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
     

  • detect security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
     

  • measure interest and engagement in our Website, products, and services;
     

  • short-term, transient use, such as contextual customization of ads;
     

  • improving, upgrading, or enhancing our Website;
     

  • developing new products and services;
     

  • ensuring internal quality control and safety;
     

  • authenticating and verifying individual identities, including requests to exercise your rights under this Privacy Policy;
     

  • debugging to identify and repair errors with our Website;
     

  • auditing relating to interactions, transactions, and other compliance activities;
     

  • sharing personal information with third parties as needed to provide the Website;
     

  • enforcing our agreements and policies;
     

  • carrying out activities that are required to comply with our legal obligations; and,
     

  • carrying out our other legitimate business purposes as permitted by law. 

 

Market and Advertise our Products and Services to you including to: 

  • tailor and provide you with content and advertisements (we may provide you with these materials as permitted by applicable law); 
     

  • contact you about our own and third-parties’ goods and services that may be of interest to you (if you do not want us to use your information in this way please use the opt-out or unsubscribe features in the communication or see “Choices About How We Use and Disclose Your Information” below for more information about how to opt-out;) and, 
     

  • enable us to display advertisements to our advertisers’ target audiences. 

 

For other purposes, including to:

  • make automated decisions in processing your personal information for services and products (you can request a manual review of the accuracy of an automated decision if you are unhappy with it as described below); 
     

  • to create de-identified and/or aggregated information, such as demographic information, information about the device from which you access our Website, or other analyses we create; and,
     

  • for other purposes as requested by you or as permitted by applicable law.

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5. Disclosure of Your Information

 

We may disclose aggregated information about our users, and information that does not identify any individual, to the fullest extent allowed by applicable law.

 

We may disclose personal information that we collect or you provide as described in this privacy policy to third parties for a variety of business purposes, including to provide our Website and products, to protect us and others, or in the event of a business transaction such as a merger, sale, or asset transfer, as described below.   We may disclose your information:

  • To our subsidiaries and affiliates;
     

  • To contractors, service providers and other third parties we use to support our business;
     

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of ATD’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by ATD about the Website users is among the assets transferred;
     

  • To third parties to market their products or services to you if you have not opted out of these disclosures (for more information, see “Choices About How We Use and Disclose Your Information” below);
     

  • To fulfill the purpose for which you provide it;
     

  • For any other purpose disclosed by us when you provide the information; and, 
     

  • With your consent. 

 

We may also disclose your personal information:
 

  • To comply with any court order, law or legal process, including to respond to any government or regulatory request;
     

  • To enforce or apply our terms of use and other agreements, including for billing and collection purposes; and
     

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of ATD, our customers or others. 

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6. Choices About How We Use and Disclose Your Information

 

Your Privacy Choices. The privacy choices you may have about your personal information are determined by applicable law and are described below. 

  • Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving similar future emails. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding us and our products and services, and you will not be able to opt out of those communications (e.g., communications regarding our Website, services, or product or updates to our Terms or this Privacy Policy). 
     

  • Text Messages If you receive an unwanted text message from us, you may opt out of receiving future text messages from us by following the instructions in the text message you have received from us or by otherwise contacting us as set forth in “ Contact Us ” below.
     

  • Mobile Devices. We may send you push notifications through our mobile application. You may opt out from receiving these push notifications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information via our mobile application. You may opt out of this collection by changing the settings on your mobile device.
     

  • Phone calls. If you receive an unwanted phone call from us, you may opt out of receiving future phone calls from us by following the instructions which may be available on the call or by otherwise contacting us as set forth in “ Contact Us” below.
     

  • “Do Not Track. Do Not Track (“ DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
     

  • Cookies and Personalized Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Website may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications; however, you may opt-out of personalized advertisements on some mobile applications by following the instructions for  AndroidiOS , and  others.

 

The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the  Network Advertising Initiativethe Digital Advertising Alliancethe European Digital Advertising Alliance, and  the Digital Advertising Alliance of Canada

Please note you must separately opt out in each browser and on each device. 

You may also opt-out of certain cookies by contacting us at “Contact Us” below or by submitting a request through our Do Not Sell or Share My Personal Information link here.  

 

To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of the Website may then be inaccessible or not function properly.

 

If you do not wish to have your e-mail address/contact information used by ATD to promote our own or third parties’ products or services, you can request to opt-out of such service by sending us an e-mail info@ATD-us.com.

 

The opt outs described in this section may not apply to information provided to ATD as a result of a product purchase or other transactions.  You may have additional opt out rights described below in “Your Privacy Rights.”

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7.  Your Privacy Rights

 

In accordance with applicable law, you may have the right to:
 

  • Access to and Portability of Your Personal Information , including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information; and (iii) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company in a structured, commonly used, and machine readable format (also known as the “right of data portability”);
     

  • Request Correction  of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information;
     

  • Request Deletion  of your personal information; 
     

  • Request Restriction of or Object to  our  processing of your personal information where the processing of your personal information is based on our legitimate interest or for direct marketing purposes , including (i) the right to opt-out of the sale of personal information, (ii) the right to opt-out of the sharing of personal information for use in targeted or cross contextual advertising (iii) the right to object to or restrict our use of or your sensitive personal information, including the right to opt-out of the sharing of sensitive personal information in some circumstances, and (iv) the right to opt out of the processing of your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects concerning you ; and
     

  • Withdraw your Consent  to our processing of your personal information for certain purposes. Please note that  your  withdrawal will only take effect for future processing and will  not affect the lawfulness of processing before  the withdrawal.

 

Your rights will vary depending on the privacy laws applicable to your personal information.   

 

Exercise your Rights. To exercise any of your applicable rights, you may contact us at info@ATD-us.com or write to us at ATD located at: 12200 Herbert Wayne Court, Suite 150, Huntersville, NC 28078, or call us at: (844) 260-2718; or by using the interactive webform at: Do Not Sell or Share My Personal Information.  

 

Verification. To protect your privacy, we will take steps to reasonably verify your identity before fulfilling your request. These steps may involve asking you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, or to answer questions regarding your account and use of our Website .

 

Appeal. When exercising your privacy rights, you may have the right to appeal a decision or response that we provide.   You may exercise this right by submitting a request to us as described above, indicating it is an “Appeal” and referencing our prior response or decision. 

We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. Proper access and use of information provided on the Website, User Contributions, is governed by our terms of use www.ATD-US.com.

 

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our terms of use www.ATD-US.com/terms.

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8. Supplemental California Consumer Privacy Act Notice for California Consumers

 

California consumers may have the right to additional disclosures about our privacy practices and your privacy rights.  Our California Consumer Privacy Act Notice for California Consumers is available here.

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9. 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 strive to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website. 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 Website.

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10.  Data Retention 

 

We store the personal information we collect as described in this Privacy Policy for as long as you use our Website or have an account, or as necessary to fulfill the purpose(s) for which it was collected, provide our services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws, or based upon other criteria, including, but not limited to, the sensitivity and volume of such data.  Additionally, we endeavor to retain all such personal information in accordance with legal requirements.

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11. Changes to Our Privacy Policy

 

It is our policy to post any changes we make to our privacy policy on this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting the Website and this privacy policy to check for any changes.

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12. Contact Us 

 

To ask questions or comment about this privacy policy and our privacy practices, contact us at 12200 Herbert Wayne Court, Suite 150, Huntersville, NC 28078 or by email at info@ATD-us.com or by calling (844) 260-2718.

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Last Updated: December 26, 2022