Last updated: May 1, 2019
This Privacy Notice (“Privacy Notice”) outlines how inSearchX, LLC (“inSearchX”, “we”, “our” or “us”), uses Personal Information (defined below) that we process or obtain in connection with your access to and use of www.askotto.com, www.insearchx.com and our other affiliated websites and the services, extensions, subdomains, application programming interfaces, mobile websites, native mobile applications, and other services located thereon (collectively, our “Service”).
1. INTRODUCTION.
We strive to respect your privacy and we recognize the need for appropriate protection and management of any Personal Information that is shared with us as part of using our Service. Accordingly, we will not sell, lease, rent or otherwise disclose your Personal Information to dealerships unless otherwise stated in this Privacy Notice or unless you otherwise consent to us doing so. As used in this Privacy Notice, “Personal Information” means any information that may be used to personally identify you as an individual such as your name, phone number, email address, social security number, etc. We may collect Personal Information from you directly through a web-form, or indirectly through documents or information you submit to our Service containing Personal Information. In addition, we may directly or indirectly collect Personal Information related to you in connection with any submission made on your behalf by a third party through our Service. Regardless of the identity of the individual submitting the Personal Information, we treat Personal Information collected through our Service in accordance with this Privacy Notice. You may choose whether or not to provide or disclose Personal Information in connection with your use of our Service. If you choose not to provide the Personal Information we request, you may still visit and use parts of our Service, but may be unable to access or use certain features, options, programs, products, and services. Our Service may contain links to third-party websites, products, services, and advertisements that are not owned or controlled by inSearchX. We are not responsible for the privacy practices or the content of those third party websites, products, services, and advertisements, and you visit them at your own risk.
2. CATEGORIES OF PERSONAL INFORMATION WE COLLECT.
We and our third party service providers may collect various categories of Personal Information when you use our Service such as:
Your name;
Physical address;
Email address;
Phone number;
Account information (such as user name, password, and account creation date); and
Communications you send to us.
3. WHEN PERSONAL INFORMATION IS COLLECTED.
Our Service may require, or provide you the opportunity, to submit information that may constitute Personal Information in a number of ways, including without limitation, when you:
register for our Services, including providing any photo of yourself for your account;
make information available to us via social networking logins, such as Facebook or Twitter logins;express an interest in buying, selling or trading a vehicle (including providing your vehicle’s VIN);
participate in chats, web forums or other interactive sessions with dealers or other users;
provide payment card information for any of our products or services;subscribe to newsletters or provide feedback;
and participate in surveys or other promotions.
Contact Information.
In various areas of our Service and in printed materials, we provide you the opportunity to submit a form with basic contact information, such as your name, email, photo, phone number and communications you send to us. When you submit a form to us, you are giving inSearchX permission to use such information to inform you of technical information regarding our Service, to subscribe you to newsletters and other communications from us, and to distribute promotional materials to you. If you no longer wish to receive these emails, the opt-out process is described in Section 7 of this Privacy Notice. You may also unsubscribe from any email by following the unsubscribe instructions found within that email. However, as described in Section 7 of this Privacy Notice, you cannot opt-out of receiving transactional emails related to your account with us or your use of our Service.
Account Login Information.
We may process your username and password (whether alone or in combination with other data to detect fraud) to enable you to log into our Service (including your Facebook and/or Twitter login information if you choose to use that information to access our Service), and we process information relating to access privileges granted to you to appropriately control your access to restricted content. For example, if you have granted an administrative user access to your account, we use login and access controls in an effort to only display specific information that relates to the relationship between you and the administrative user. We process this Personal Information only as necessary to provide you our Service, as well as to further our legitimate interests of protecting our Service and the content on our Service.
Payment Information.
When you purchase services or products through the Service, third-party service providers acting on our behalf process payment information, including payment card details and billing and shipping addresses, to help us fulfill your orders. Any Personal Information collected by such third party will be subject to the third party’s privacy policy, rather than this Privacy Notice.Personal Information You
Disclose Relating to Others.
Our Service may allow you to disclose Personal Information relating to another person (for example, an administrative user may disclose Personal Information relating to a third party or an agency may disclose information about a particular dealer it represents). If you disclose any Personal Information relating to other people in connection with our Service, you represent to us that you have the right and authority to: (i) submit that information to us, and (ii) to permit us and our third party service providers to manage, process, use, and disclose that information in accordance with this Privacy Notice and/or the privacy party of the applicable third party service provider.
4. INFORMATION COLLECTED AUTOMATICALLY.
Some information on our Service is collected automatically by means of various software tools as described below. We may use such information for any legitimate business purpose including to assist in log-in, systems administration, and information security and abuse prevention purposes, as well as to track user trends, to understand the usage of our Service, to analyze the effectiveness of our Service, and to improve our Service. Alone or in combination with other information, some or all of the automatically collected information may constitute Personal Information under certain laws pertaining to data privacy. Some of our third party service providers may also use cookies or other methods to gather information regarding your use of our Service. These third party service providers may use these cookies or other tracking methods for their own purposes by relating information about your use of our Service with any Personal Information about you that they may have. The use of this information, including any Personal Information they may have about you, by these third party service providers is subject to those third parties’ privacy notices or privacy policies, rather than this Privacy Notice.
Log Files on Our Service. We maintain certain log files relating to the access and use of our Service. The information inside the log files includes internet protocol (“IP”) addresses, type of browser, Internet Service Provider (“ISP”), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us (collectively, “Log Data”). This Log Data may be used to monitor and analyze use of the Service, technical administration, to enhance functionality and user-friendliness, and to better tailor our Service to your and our other users’ needs. We do not treat Log Data as Personal Information and we may append, aggregate, analyze and evaluate such information for the purposes provided in this Privacy Notice.
Automated Tracking.
Various technologies are used to automatically collect information such as cookies, local shared objects, and web beacons (generally referred to herein as “Data Technologies”. “Cookies” are small identifiers sent from a web server that are stored on your device for the purpose of identifying your browser or storing information or settings in your browser. “Local shared objects,” sometimes known as Flash cookies, may be used to store your preferences or display content based upon what you have viewed on various websites to personalize your visit. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies. Anonymous advertising identifiers are increasingly being used on mobile devices and otherwise in a manner similar to cookies. When we refer to Data Technologies, we are including all current and similar future technologies. When you visit our Service, our servers may send a cookie to your computer or other device. Standing alone, cookies do not personally identify you; they merely recognize your web browser. Unless you choose to identify yourself to us, either by responding to an email, registering for our Service, or filling out a web form, you remain anonymous to us. We may use cookies that are session-based or persistent. Session cookies exist only during one session – meaning, they are downloaded to your web browser when you visit our Service, but then they disappear from your computer/device when you close your browser software or turn off your computer/device. Persistent cookies, on the other hand, are used for multiple visits to our Service and remain on your computer/device after you close your browser or turn off your computer/device. Most modern browsers allow you to change your cookie settings. You can usually find these settings in the options or preferences menu of your browser. Please note that if you disable your web browser’s ability to accept cookies, you will be able to navigate through certain parts of our Service, but you may not be able to successfully use all of the features of our Service.One or more Data Technologies may be used on the Service and on other websites and mobile applications (that may not be our sites) by us, by another party on our behalf, or by third parties in accordance with their privacy policies. Data Technologies may be used by us and others, on our behalf and on their own behalf, to transmit information to you and connect information about you from different sources, websites, devices, and mobile applications.When you download or use the Service, we may collect physical location information that is sufficiently precise to allow us to locate a specific person or device (“Location Information”). We also may collect Location Information when you visit or are in the vicinity of one of the dealers who also uses the Service. We only collect Location Information with your permission (e.g., such as when you agree to provide it to us after you initially access or download the Service). We may use Location Information and provide it to third parties to provide you with content and services that are relevant to a particular location, such as advertising, search results, dealers in the area, and direction, to evaluate and improve the Service, or to provide you with content and services relevant to one or more nearby dealers.We may combine information that you provide to us with information we receive from our affiliates and other sources, as well as with other information that is automatically collected. The combined information may include information about your use of the Service, your use of other websites, devices and mobile applications and information from our affiliates and other sources. We will own any such combined information that we learn, derive, extrapolate, deduce, surmise, etc. about you and we reserve all rights to sell, trade or use such combined information for any legal purpose.
Applications, Social Media and Widgets
We may include applications or widgets in our Service from social media providers that allow interaction or content sharing by their users. These widgets, such as a Facebook “Share” or “Like” button, are visible to you on the web page you visit. Integration between the Service and social media networks such as Facebook, Twitter and others may allow social media networks in which you participate to collect information about you, even when you do not explicitly activate the network’s application or widget. Please visit the applicable social media network’s privacy policy to better understand their data collection practices and choices they make available to you. The privacy policy of the social media network controls the collection, use and disclosure of all Personal Information transmitted to that network.
Advertising Networks.
Advertising that is customized based on predictions generated over time from your visits across different websites, devices and mobile applications is sometimes called “online behavioral” or “interest-based” advertising. We may partner with advertising networks, which are companies that deliver targeted advertisements to consumers and generate statistics and metrics related to the delivery of interest-based advertisements. They may utilize information collected through a variety of Data Technologies to provide customization, auditing, research and reporting for us, our affiliates and other advertisers. This data collection takes place both on our Service and on third party websites and mobile applications. This process allows us and third parties to deliver targeted advertising, enhance marketing programs and help track the effectiveness of such efforts. These advertising networks also may use this information for determining or predicting the characteristics and preferences of their respective advertising audiences and measuring the effectiveness of their advertising in accordance with their privacy policies.We do not provide your Personal Information to an advertising network when you use the Service or interact with or view a customized advertisement. However, when you view or interact with an advertisement, the advertiser may make an assumption that you are interested in the subject matter of the advertisement.
Analytics Service.
We may use our own browser plugin and analytics services or third party plugins and analytics services to improve the functionality, features, or delivery of our Service. We may also use these plugins and analytics services to record mouse clicks, mouse movements, scrolling activity, as well as any text that you type into our Service. For example, we use Google Analytics on our Service to track user trends and usage. For more information on Google Analytics’ processing of Personal Information as it relates to our Service, please see http://www.google.com/policies/privacy/partners/. By using a browser plugin provided by Google, you can opt out of Google Analytics.
5. THE PURPOSES FOR WHICH WE USE PERSONAL INFORMATION.
If you submit or we collect or derive Personal Information through our Service, then such Personal Information may be used to:
Provide, analyze, administer, and improve our Service and related services;
Contact you in connection with our Service and in connection with certain other services, notifications, events, programs or offerings that you may have registered for;
Send you updates and promotional materials that you have registered for;Identify and authenticate your access to the parts of our Service and related services that you are authorized to access;
Perform recruiting or human resources administration;
Protect our rights, our property, or the rights of third parties; and Ensure the technical functionality and security of our Service.
6. HOW WE DISCLOSE PERSONAL INFORMATION.
Our Service provides you the ability to initiate an online communication with a dealer and for dealers to initiate communications with you through the Service. In both cases (i.e., dealer-initiated conversations or user-initiated conversations), your Personal Information will not disclosed by us to the dealer. Moreover, we will not sell, lease, trade, rent or otherwise disclose your Personal Information to dealers or other third parties unless otherwise stated in this Privacy Notice or unless you otherwise consent to us doing so. However, if you provide any of your Personal Information directly to a dealer, third party or other user, either inside or outside of our Service, we cannot control and disclaim any responsibility for the further use or disclosure of such Personal Information. The following sets forth when and where we may disclose Personal Information collected through our Service:
Third Party Service Providers.
We may transfer Personal Information to our third party service providers to perform tasks on our behalf and to assist us in providing our Service. For example, we may share your Personal Information with third party service providers who assist us in performing core functions (such as managing communications, payment processing, hosting, data storage, and security) related to our operation of our Service and/or by making certain interactive tools available to you as a user of our Service. We also use third party service providers for technical and customer support, application development, tracking and reporting functions, quality assurance, and other services. In the performance of our Service, we may share Personal Information from or about you with these third party service providers so that we can deliver the highest quality user experience. We use commercially reasonable efforts to only engage with third party service providers that post a publicly available privacy notice or privacy policy.De-
Identified and Aggregated Information.
To better serve you and to improve our Service, inSearchX may aggregate, analyze and anonymize in statistical form any information we collect or receive and any insights that we learn. Any information that we learn, derive, extrapolate, surmise or otherwise deduce about you from analyzing such information shall be owned by inSearchX (collectively, the “inSearchX Owned Data”). This inSearchX Owned Data may be compiled and analyzed on an aggregate basis, and we may sell, trade and/or share this inSearchX Owned Data with our affiliates and third parties with whom we do business. The inSearchX Owned Data does not identify you or any other user personally. We may also disclose inSearchX Owned Data in order to describe our Service to current and prospective third parties with whom we conduct business and to other third parties for other lawful purposes.
Advertisers.
From time-to-time, we engage third parties to provide advertising services to assist us in advertising our brand and Service. Those advertising services may target advertisements on third party websites based on cookies or other information indicating previous interaction with our Service.
In the Event of Merger, Sale, or Change of Control.
We have the right to transfer or assign this Privacy Notice and any Personal Information to a related or third party entity as part of a merger, acquisition, sale, or other change of control of our business or the assets related to our business without any requirement or obligation to receive your consent or permission.
Other Disclosures.
We may disclose Personal Information if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our Terms of Use located at {HYPERLINK}, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of inSearchX, our users, or the public.
7. YOUR CHOICES.
If you would like to access, amend, or delete your account, you may do so through the account management tools available on our Service. You may also submit a support request to privacy@insearchx.com and we will use commercially reasonable efforts to respond in a timely manner. You may choose not to receive future promotional or advertising emails from us by selecting an unsubscribe link at the bottom of each email that you receive from us, or by responding to the emails directly and requesting removal if such a link is not available. Additionally, you may send a request specifying your communications preferences to privacy@insearchx.com. Please note that even if you opt out of receiving the foregoing emails, you cannot opt out of receiving transactional emails related to your account with us or our Service. Additionally, even if you opt out of receiving promotional or advertising emails, we may still send you a response to any “Contact Us” request as well as administrative, maintenance and operational emails (for example, in connection with a password reset request).
8. INTERNATIONAL USERS.
Please note that our Service is directed towards users who reside in the United States. By using our Service, you consent to the collection, storage, processing, and transfer of Personal Information in and to the United States, or other countries and territories, pursuant to the laws of the United States. While some of these countries may not offer the same level of privacy protection as your own, we commit to uphold the privacy protections as explained in this Privacy Notice.
9. RETENTION OF PERSONAL INFORMATION.
We reserve the right to retain any Personal Information as long as the Personal Information is needed to: (a) fulfill the purposes that are described in this Privacy Notice, and (b) comply with applicable law.
10. DATA SECURITY.
The security of your Personal Information is important to us. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee the absolute security of Personal Information or our Service.
11. CHILDREN'S PRIVACY.
We do not target children and do not knowingly collect any Personal Information from children under the age of thirteen (13). When a user discloses Personal Information on our Service, the user is representing to us that he or she is at least thirteen (13) years of age.
12. FEEDBACK.This Privacy Notice does not apply to any free-form information you provide to inSearchX, dealers, third parties or other users through the Service or through any other means. This includes, but is not limited to, information posted to any public areas of the Service, such as chats, forums, blogs, and any ideas for new services or modifications to our Service, and other unsolicited feedback (collectively, “Feedback”). All Feedback shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, and distribute such Feedback to others without limitation or attribution. You are responsible for the Personal Information you choose to submit in these instances and we specifically disclaim any responsibility for the further use or disclosure of such Personal Information you choose to disclose through Feedback or otherwise directly to any dealer, third parties or other users.
13. YOUR CALIFORNIA PRIVACY RIGHTS.
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of Personal Information about you by inSearchX to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to privacy@insearchx.com.
14. CHANGES TO THIS PRIVACY NOTICE.
As our organization changes over time, this Privacy Notice is expected to change as well. We reserve the right to amend this Privacy Notice at any time, for any reason, without notice to you, other than the posting of the amended Privacy Notice on our Service. We may e-mail periodic reminders of our notices and terms and conditions, but you should check our Service frequently to see the current Privacy Notice that is in effect and any changes that may have been made to it. By continuing to access or use our Service, you understand and agree the newest posted version of this Privacy Notice supersedes all previous versions and you agree to be bound by such newest version.
15. CONTACTING US.
Any comments, concerns, complaints, or questions regarding our Privacy Notice may be addressed to privacy@insearchx.com.