The Website is not intended for children under 13 years of age. Smiddy Shine does not knowingly collect personal information from children under 13.
3. Gathering, Use and Disclosure of Non-Personally-Identifying Information
A. Users of the Website Generally
"Non-Personally-Identifying Information" is information that, without the aid of additional information, cannot be directly associated with a specific person or entity.
"Personally-Identifying Information," by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person or entity.
(i) Web Browsers
Like most website operators, Smiddy Shine gathers from users of the Website Non-Personally-Identifying Information of the sort that Web browsers, depending on their settings, may make available. That information includes the user's Internet Protocol ("IP") address, operating system and browser type, and the locations of the Web pages the user views right before arriving at, while navigating and immediately after leaving the Website.
(ii) Use of Non-Personally-Identifying Information
Smiddy Shine analyzes Non-Personally-Identifying Information gathered from users of the Website to help Smiddy Shine better understand how the Website is being used. By identifying patterns and trends in usage, Smiddy Shine is able to better design the Website to improve users' experiences, both in terms of content and ease of use. From time to time, Smiddy Shine may also release the Non-Personally-Identifying Information gathered from Website users in the aggregate, such as by publishing a report on trends in the usage of the Website.
B. Web Cookies
A "Web Cookie" is a string of information that a website stores on a user's computer, and that the user's browser provides to the website each time the user submits a query to the site. Smiddy Shine uses Web Cookies to track the pages that users visit during each Website session, both to help Smiddy Shine improve users' experiences and to help Smiddy Shine understand how the Website is being used.
As with other Non-Personally-Identifying Information gathered from users of the Website, Smiddy Shine analyzes and discloses in aggregate form information gathered using Web Cookies, so as to help Smiddy Shine, its partners and others better understand how the Website is being used. Smiddy Shine does not attempt to link information gathered using Web Cookies to Personally-Identifying Information.
Smiddy's Auto Shine USERS WHO DO NOT WISH TO HAVE WEB COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE WEB COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. WEBSITE USERS WHO REFUSE WEB COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.
C. Web Beacons
A "Web Beacon" is an object that is embedded in a web page that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page. Smiddy Shine may use Web Beacons on the Website to count users who have visited particular pages and to deliver co-branded services. Web Beacons are not used to access users' Personally-Identifying Information; they are a technique Smiddy Shine may use to compile aggregated statistics about Website usage. Web Beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the Web Beacon resides.
You may not decline Web Beacons, however, they can be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis. Third parties are not permitted to use Web Beacons on the Website.
4. Collection, Use and Disclosure of Personally-Identifying Information
A. Making Contributions to the Website
As defined above, Personally-Identifying Information is information that can be directly associated with a specific person or entity. Smiddy Shine collects a range of Personally-Identifying Information from and about Website users. Much of the Personally-Identifying Information collected by Smiddy Shine about users is information provided by users themselves. Certain interactive features on the Website may require users to submit Personally-Identifying Information in order to use the feature. For example, when you post a comment to a bulletin board, some of the Personally-Identifying Information you include (such as your age) may be included in your posting. For more information about how specific features work, what Personally-Identifying Information is collected by means of a specific feature and how you can use the features to protect your privacy, please review the General Forum Usage FAQ, User Profile Features FAQ and Reading and Posting Messages FAQ.
All Personally-Identifying Information submitted during the registration process and while completing your Smiddy Shine user profile appears in your profile and may appear in other places on the Website (including without limitation the member list), and can be viewed by all Website users, except that: (i) you may elect to make your birthday and age private by either (a) clicking on the Your Control Panel tab, clicking on the "Edit Your Details" link and selecting one of the following options from the pull-down menu: "Hide Day and Age of Birth," "Display Only Age," "Display only Day and Month of Birth," or "Display Age and Full Date of Birth" or (b) not inserting a birthday in the "Edit Your Details" page; (ii) you may elect to remove your signature, avatar and images from messages you post by clicking on the Your Control Panel tab, clicking on the "Edit Options" link and un-checking the applicable boxes in the "Thread Display Options" sub-section; and (iii) if you do not enter the year of your birth in your profile, your birthday will not be shown on the calendar. If you do not want your Personally-Identifying Information (other than your the Personally-Identifying Information listed immediately above which can be made private) to be published, please do not provide Smiddy Shine with this information. You may modify your profile at any time by clicking on the links on the "User CP" feature on the home page on in the Navigation bar.
The FAQs also provide you with information on how you can protect your privacy on the Website. For example, you may: (a) elect to prohibit other users from downloading your Vcard (which contains your user name and email address) by clicking on the Your Control Panel tab, clicking on the "Edit Options" link and un-checking the box in the section titled "Allow VCard Download," in the "Log-In and Privacy" sub-section; and (b) block posts, emails and messages from specific users by going to your User Control Panel on the home page clicking the "Edit Ignore List" link located in the "Setting & Options" section, and typing in the name of the user you want to block in the text field titled "Add a member to your list . . ." and clicking "okay". And, you can break a friendship in three ways: (1) from your "Contacts and Friends" page in your User Control Panel, uncheck the box for friend for the particular person, and save the changes, and if you no longer wish them to be a contact either, uncheck both boxes for that person; (2) in your "Profile Page" in your User Control Panel, click "Friends" and then click "Break Friendship" next to the user's name; and (3) in the other person's profile, click "Friends" then find your username and click "Break Friendship".
Please choose carefully the Personally-Identifying Information you post on the Website and that you provide to other users. We urge you not to post Personally-Identifying Information that you do not want other users to know. You are under no obligation to provide Smiddy Shine with Personally-Identifying Information of any kind, with the caveat that this may prevent you from using certain Website features.
BY USING THE INTERACTIVE FEATURES OF THE WEBSITE, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY-IDENTIFYING INFORMATION AS DESCRIBED IN THIS "COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION" SECTION.
B. On-line Forums, Blogs, Message Posting, Polls, Chat Rooms, Contacting Smiddy Shine, Uploading Materials and Word Processing
Certain Personally-Identifying Information collected from users is disclosed as a matter of course as a result of those users' use of the Website. USERS ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM THEIR VOLUNTARY DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION.
C. DMCA Infringement Notifications, Notices of Violations of Website Terms of Service and Other Communications Directed to Smiddy Shine
By submitting a Copyright Infringement Notification or other communication (including communications about content stored on or transmitted through the Website) you consent to have this communication forwarded to the person or entity who stored or transmitted the content addressed by your communication, in order to facilitate a prompt resolution. For Notices of Violations of Website Terms of Service or other communications (but not DMCA Infringement Notifications), upon request, Smiddy Shine will edit out your name and contact information. However, DMCA Infringement Notifications (including any personally identifiable information set forth in the Notifications) will be forwarded as submitted to Smiddy Shine without any deletions.
If you opt-in to receive Smiddy Shine marketing materials, Smiddy Shine will email you about products and services that Smiddy Shine believes may be of interest to them. If users opt-in to receive third parties' marketing materials, Smiddy Shine also will provide users' email information to third parties, so that those third parties may directly contact users about additional products and services. If you wish to opt-out of receiving emails from Smiddy Shine or having their email information provided to third parties at any time after registration, you may do so by clicking on the opt-out link at the bottom of each email.
If you submit a comment to the customer care center describing a positive experience with Smiddy Shine or Smiddy Shine products, Smiddy Shine may publish all or part of your submission along with the first initial of your first name, first initial of your last name, city of residence and state of residence on the Website.
F. Other Disclosures
As described in the previous sections of Section 4 "Collection, Use and Disclosure of Personally-Identifying Information," users may, at their option, disclose their own Personally-Identifying Information by any means they choose, including without limitation through using Smiddy Shine RX Plus Interactive Experience, submitting a comment or question to the customer care center, locating a dealer or car club or registering a car club. Smiddy Shine will also disclose Personally-Identifying Information in the following circumstances:
(i) Third Parties
Smiddy Shine will disclose Personally-Identifying Information to those Smiddy Shine employees, contractors, affiliates, vendors and suppliers who process Personally-Identifying Information on Smiddy Shine behalf or participate with Smiddy Shine in the provision or operation of the Website.
(ii) By Law, to Protect Rights and to Comply with Smiddy Shine Policies
Smiddy Shine discloses Personally-Identifying Information: (1) when required to do so by law, or in response to a subpoena or court order; (2) when Smiddy Shine believes in its sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or rights of Smiddy Shine, other users, third parties or the public at large; (3) when Smiddy Shine believes that you have abused the service by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws; and (4) to comply with Smiddy Shine policies.
(iii) Business Transfers; Bankruptcy
Smiddy Shine takes reasonable precautions to protect the security of our users' information. Smiddy Shine has physical, electronic, and managerial procedures to help safeguard, prevent unauthorized access, maintain data security, and correctly use your information. However, neither people nor security systems are foolproof, including encryption systems. Therefore, while we use reasonable efforts to protect your PI, we cannot guarantee its absolute security.
H. Notice of Security Breach.
In the event of a security breach, we will notify you at the most current email address that you have provided to us. It is therefore extremely important that you update us if you change email addresses and that you make sure that we consistently have the most current email address for you on file. Any security breach notice will be sent to you in the most expedient time possible following our discovery or notice of a security breach, and without unreasonable delay, subject to any determination by a law enforcement agency that notice would impede a criminal investigation, in which case the notice will be sent once the agency determines that notice will not compromise the investigation. If you would prefer to receive a security breach notice by U.S. mail, advise us of that fact by writing us at: Smiddy Auto Shine, LLC Los Angeles, CA 90043 Attn: Information Security Policy Enforcement.
I. Contests, Giveaways and Surveys
J. Receiving Email From Registered Users Feature and Referral Program
Smiddy Shine offers users the ability to send friends emails about the Website. If users choose to use this feature, be assured that Smiddy Shine only uses friends' email addresses on a one-time basis to send the requested email.
5. Collection and Use of Information by Third Parties Not Covered By This Agreement
This policy is effective as of and was last updated on February 1, 2020.