Supplemental Privacy Notice
FOR CALIFORNIA AND VIRGINIA RESIDENTS
EFFECTIVE DATE: MAY 1, 2024
This Supplemental Privacy Notice for California and Virginia Residents (“Supplemental Privacy Notice”) supplements the information contained in RESPONSE’s Privacy Notice, is incorporated therein by this reference, and applies solely to California and Virginia residents who receive emergency towing or roadside services, or call center services (the “Services”) offered by and/or through RESPONSE through its provider network (Response) to you (”consumers” or “you”). This notice is provided to comply with the California Consumer Privacy Act (“CCPA”) and Virginia Consumer Data Protection Act (“VCDPA”), and any terms defined in the CCPA and VCDPA (“Applicable Law”) have the same meanings when used herein. Further, capitalized terms within this notice that are not defined herein, are defined in RESPONSE’s Privacy Policy referenced above.
Our Services are provided on behalf of our corporate clients, your vehicle manufacturer, (in such capacity, our “Client”); under this model, we are acting as a ‘service provider’ on behalf of our Client and the privacy terms related to your data are provided through your agreement with our Client (referred to as your “Service Agreement”). Please direct your requests for data access, data deletion or other requests to the Client (privacy terms will often be available through their websites).
Notice at Collection
We may collect or process various categories of personal information. The section titled “Information We Collect/Disclose” contains information on the categories of personal information collected and our disclosure practices. As an overview, we collect identifiers; personal information found in customer records; characteristics of protected classifications under California or federal law; commercial information; internet or other similar network activity information; sensitive personal information in the form of account log-in and password, and mobile device information such as your SMS messages; sensory information; and professional or employment-related information. We collect this information to fulfil or meet the reason you provided the information, to comply with contractual requirements with you and our Clients, to process your requests, to provide you with support, to help maintain the safety, security, and integrity of our Applications and Services, to perform analysis to better understand Clients and our customers, and other business and commercial purposes outlined throughout this Supplemental Privacy Notice. We only collect sensitive personal information to provide our Services. We do not sell or share personal information. We only keep personal information for as long as necessary to carry out the purposes for which we originally collected it and for other legitimate business purposes, including to meet our legal, regulatory, or other compliance obligations.
Information We Collect / Disclose
Through the provision of Services, and/or our other interactions with you, we collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, device, or household (“personal information”). In particular, through the provision of Services, RESPONSE has collected the following categories of personal information from consumers, and/or disclosed for a business or commercial purpose such categories to third parties, within the twelve (12) months preceding the posting of this notice:
Category
Examples
Collected
Disclosed
A. Identifiers.
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, or other similar identifiers.
YES
YES, to the parties listed in the “Disclosing Personal Information” section.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, address, telephone number, insurance policy number, credit card number, medical information including COVID-19 symptom-related, testing related, and vaccination- related information. Some personal information included in this category may overlap with other categories.
YES
YES, to the parties listed in the “Disclosing Personal Information” section.
C. Protected classification characteristics under California or federal law.
In obtaining information to identify consumers for the roadside services, at times we may collect the consumers’ identifying characteristics or special need requirements, such as gender, physical disability, or similar identifying information.
YES
YES, to the parties listed in the “Disclosing Personal Information” section.
D. Commercial information.
Records of personal property (such as the VIN, year, make, model, and color for the disabled vehicle), products or services purchased, obtained, or considered.
YES
YES, to the parties listed in the “Disclosing Personal Information” section.
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
NO
NO
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
YES
YES, to the parties listed in the “Disclosing Personal Information” section.
G. Sensitive personal information.
Account log-in and password, precise geolocation information to inform us of the physical location of the disablement location, and (if you are using a mobile application) the movement of the towed vehicle to the tow- to location. We also collect mobile device information such as your SMS messages to us.
YES
YES, to the parties listed in the “Disclosing Personal Information” section. We only disclose sensitive personal information to provide our Services.
H. Sensory information including audio, electronic, visual, thermal, or similar information.
Audio recordings are made of your communications with our contact centers.
YES
YES, to the parties listed in the “Disclosing Personal Information” section.
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
NO
NO
K. Inferences drawn from other personal information.
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
NO
NO
Retention: We only keep the listed categories of personal information for as long as necessary to carry out the purposes for which we originally collected it and for other legitimate business purposes, including to meet our legal, regulatory, or other compliance obligations.
Personal information does not include:
Publicly available information from government records.
Deidentified or aggregated consumer information. We maintain and use all deidentified information in deidentified form. We do not attempt to reidentify it except to ensure our deidentification processes are in compliance with Applicable Law.
Information specifically excluded from the scope of Applicable Law.
Sources of Personal Information
RESPONSE obtains the categories of personal information listed above from the following categories of sources:
Directly from you. For example, (i) by calling or communicating electronically with one of our call centers or call center vendors to request Services or make inquiries, (ii) by the submission of your information through written or electronic forms you complete, or products and Services you request, as applicable.
Indirectly from you. For example, from observing your actions when visiting our website(s) or requesting Services through our website(s) or mobile applications.
From Clients. For example, when you enter into a Service Agreement with a Client, the Client will disclose your personal information to us so that we may provide Services to you on behalf of the Client.
From dealers, repair facilities, overnight storage facilities, vehicle inspection stations, salvage lots and other third parties that provide similar services. For example, we may receive certain personal information about you, including, without limitation, your name, phone number, vehicle information, and vehicle location as part of a request to pick-up or deliver the disabled vehicle to these types of locations, or information related to repairs, including, without limitation, the date of loss of service, the repair services provided to your vehicle and the costs associated with such repair services.
Use of Personal Information
We may use or disclose the personal information listed in categories A, B, C, D, F, G, H, and I for one or more of the purposes listed below. We only collect sensitive personal information to provide our Services.
Business Purposes:
Commercial Purposes:
To fulfill or meet the reason you provided the information. For example, if you provide your personal information to request emergency towing service or roadside assistance service, make customer service related inquiries, or obtain information related to a recent transaction, we will use and disclose that information to facilitate performance of the requested services.
To comply with contractual requirements with our Clients, including data retention requirements.
To process your requests, transactions, and payments and prevent transactional fraud.
To provide you with support and to respond to your inquiries, reviews, comments or other feedback you provide us, including to investigate and address your concerns and monitor and improve our responses.
To help maintain the safety, security, and integrity of our website(s), digital services, databases and other technology assets, and our business.
To comply with legal, regulatory or administrative requirements of governmental authorities.
To respond to judicial proceeding, subpoena, court order or other legal process; or as reasonably necessary to (i) investigate, prevent or take action regarding suspected or actual illegal activities; (ii) investigate and defend ourselves against third party claims or allegations; or (iii) protect the security or integrity of our Services.
As described to you, or directed or authorized by you, when collecting your personal information, or as otherwise set forth in Applicable Law
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of RESPONSE’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by RESPONSE about you is among the assets transferred.
To perform analysis to better understand the Clients’ customers, our suppliers and customers, and to assist with product testing and product development, including to develop and improve our website(s), digital services, and Services.
RESPONSE will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Disclosing Personal Information
RESPONSE may disclose your personal information to a third party for a business purpose. We disclose your personal information with the following categories of third parties.
Service providers who are towing, roadside, and vehicle repair industry participants, and other service providers that provide support services, including call center services. We disclose your information to companies we work with in connection with the provision of our
Services. These companies provide services that include towing and roadside assistance, vehicle appraisal, vehicle repair, call center services, customer support, payment processing, cloud computing and communications, data analytics, hiring, document and records management, data backup and recovery, digital communications, and other support services. These companies will only have access to your personal information that is reasonably necessary to perform services on our behalf.
Third parties who provide customer requested services, such as ride sharing, taxi services, vehicle repair, vehicle transport, concierge services, public emergency and first response services, and membership discount benefits. These parties are responsible for providing you with notice of their privacy practices.
Sales and Sharing of Personal Information
In the preceding twelve (12) months, RESPONSE has not sold or shared personal information of consumers who are California or Virginia residents, including California or Virginia residents under 16 years of age.
Your Rights and Choices
Applicable Law provides individuals who are California and Virginia residents with specific rights regarding their personal information. To exercise any of the rights described above, please submit a verifiable privacy request directly to the Client by visiting the Client’s website.
Changes to Our Privacy Notice
RESPONSE reserves the right to amend this Supplemental Privacy Notice at our discretion and at any time. When we make changes to this Supplemental Privacy Notice, we will post the updated notice on the website and update the notice’s effective date. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes.
Contact Information
If you have any questions or comments about this notice, the ways in which RESPONSE collects and uses your information, your choices and rights regarding such use, or wish to exercise your rights under California or Virginia law, please do not hesitate to contact us at:
Postal Address:
RESPONSE
1000 AAA Drive, M/S 99
Heathrow, FL 32746
Attention: Legal/Consumer Privacy Inquiries Mailbox
Email: NissanRAP@RESPONSEroadservice.com
©2024 RESPONSE. All rights reserved.