PRIVACY POLICY FOR DAN THE TIRE MAN, LLC AND ITS AFFILIATES

At DAN THE TIRE MAN, LLC, we value your privacy and take measures to protect your information in a transparent, safe and clear way, as explained in this Privacy Policy for DAN THE TIRE MAN, LLC and Its Affiliates (this “Privacy Policy”).  We process, collect and store certain identifying information, such as your name, address, and other information that might be linked to you.  This information is referred to throughout this Privacy Policy as “Personal Information”.  All terms not otherwise defined in this Privacy Policy have the same meaning as the terms used in the Terms of Use for DAN THE TIRE MAN, LLC and Its Affiliates (the “Terms of Use”). 

This Privacy Policy details our practices for processing, collecting and storing your Personal Information, and explains how you can manage that Personal Information while using the Website.  We also explain in this Privacy Policy why we collect, how we use, and with whom we share your Personal Information, as well as our legal basis for doing so. We encourage you to review this Privacy Policy and the Terms of Use in detail before using the Website and providing your Personal Information to DAN THE TIRE MAN, LLC or its affiliates.  By using the Website, you accept this Privacy Policy.  If you do not accept this Privacy Policy, please do not use the Website.

1. Children Under 13

The Website are not directed to, and DAN THE TIRE MAN, LLC does not knowingly collect Personal Information from, children under 13 years of age.  Children under 13 years of age may not use the Website without parental consent.  If DAN THE TIRE MAN, LLC determines that DAN THE TIRE MAN, LLC has inadvertently obtained Personal Information from a child under 13 years of age, we will take steps to delete that information form our system or, in the event verifiable parental consent for the maintenance of such Personal Information is obtained, we may store and/or use the Personal Information.      

2. Collection of Personal Information

Please note that it is your choice whether to disclose your Personal Information to DAN THE TIRE MAN, LLC.  By using the Website, however, you authorize us to collect, store and process your Personal Information in accordance with this Privacy Policy.  If you prefer not to share your Personal Information with DAN THE TIRE MAN, LLC, however, you are free not to use the Website.  Please keep in mind that publicly posted information on the Website can be seen by other Users, and that you should review your privacy settings on the Website and consider limiting your posts to preserve your privacy.

The following is a list of the Personal Information DAN THE TIRE MAN, LLC may collect from you in connection with your use of the Website:

• Name, email address, password, phone number, billing information (such as your credit card number and billing and shipping addresses when you make purchases);
• Communications, posts, and data transmitted or posted on or through the Website, such as through the use of DAN THE TIRE MAN, LLC’s communications and/or messaging features;
• The information you voluntarily provide on the Website or to DAN THE TIRE MAN, LLC, such as uploaded content (such as photographs, locations, and products/service information);
• Metadata connected to digital images and photographs, including without limitation, time, date and location of the taking of the photographs or images;
• Personal Information provided when you voluntarily participate in promotional activities for our sponsors;
• Data and information related to gender, marital status and other protected classifications; and,
• Profile information such as name, avatar image, age and location.

The following is a list of Personal Information DAN THE TIRE MAN, LLC may collect from you as a result of your use of the Website:

• Information about your computer/mobile device hardware and software, such as: your internet protocol address or proxy server as the case may be, mobile carrier, internet service provider, browser type, cookie information (please see our cookie provision below for more details), domain names, access times, operating system, the websites you visit immediately before and after using the Website, geolocation information upon your permission; and,
• Information shared on the Website via third-party websites and applications such as Facebook, Instagram, Twitter, YouTube, Pinterest, etc. Please keep in mind that this information can be limited in accordance with those particular sites’ privacy policies, and the information provided to DAN THE TIRE MAN, LLC by these sites’ is limited to what those sites provide DAN THE TIRE MAN, LLC.

We also may collect demographic information which is not unique to you, such as zip code, age, gender, preferences, interests and favorites in order to personalize the Website and our offers to you.  Further, we collect Personal Information of gift card recipients such as their names and email addresses in order to fulfill the gift and notify the recipient thereof.

3. The Purpose for Which We Collect Your Personal Information

We collect your Personal Information based on your use of the Website for the following reasons:

• To improve the Website based upon your needs, preferences and interactions with the Website;
• To customize the Website based upon your particular use of the Website;
• In the interest of improving the Website and our products in general;
• To disclose certain information that we believe might be of interest to you;
• To send you promotional communications containing information in which you may be interested;
• In the event you consent, to communicate with you based on your voluntary participation in our marketing research efforts and surveys;
• For the purposes otherwise stated in this Privacy Policy.

4. How Long We Store Your Personal Information

DAN THE TIRE MAN, LLC’s policy is to store Users’ Personal Information until our Users request that such information is deleted, or until they close their accounts.  In order to delete certain Personal Information, you may access your account settings and modify or delete your account.  Please note that once other Users have received your Personal Information through the use of the Website and your posts on the Website, we cannot eliminate any copies that those Users have preserved. 

We also consider the removal of Personal Information from searchable indexes of records on a case-by-case basis in compliance with applicable law.  Please understand that the removal of your Personal Information may take some time, particularly where such Personal Information is archived.  We also may retain Personal Information of Users as required by applicable law.

5. The Limited Circumstances in Which We Might Disclose Your Personal Information

DAN THE TIRE MAN, LLC will not disclose your Personal Information except in the following limited circumstances:

• As necessary to maintain, preserve and protect DAN THE TIRE MAN, LLC’s rights and property;
• As necessary to enforce the Terms of Use;
• When given to outside auditors who have agreed to keep your Personal Information confidential;
• As required by law or in response to valid legal process, such as in response to a subpoena or search warrant;
• In certain ways in which your anonymity is protected and your identity cannot be reasonably determined based on the information disclosed;
• As necessary to provide the Website; and,
• As otherwise set forth in this Privacy Policy or the Terms of Use.

6. How We Use Personal Information

DAN THE TIRE MAN, LLC uses your Personal Information for the following purposes:

• To provide, improve, customize and update the Website in order to provide you secure access to the Website, process payment for products and subscriptions purchased on the Website, expand the Website with new features and content, issue marketing surveys for use in the Website to help us better understand how the Website are being used and how to improve the Website; and,
• To contact you for non-marketing purposes such as regarding security breaches, account issues in general, and changes to the Website and/or other products.

7. With Whom We Share Your Personal Information

DAN THE TIRE MAN, LLC will not voluntarily share your Personal Information except as set forth in this Privacy Policy.  DAN THE TIRE MAN, LLC may shares your Personal Information as follows:

• With Law Enforcement: DAN THE TIRE MAN, LLC will not voluntarily cooperate with law enforcement, but may be compelled to disclose Personal Information pursuant to a court order, subpoena or search warrant.  In such event, DAN THE TIRE MAN, LLC will use reasonable efforts to give you advance notice prior to such disclosure, unless DAN THE TIRE MAN, LLC is prohibited from doing so by law.  DAN THE TIRE MAN, LLC may disclose Personal Information to meet national security requirements.
• As required for legal and regulatory compliance or process: DAN THE TIRE MAN, LLC may share your Personal Information if DAN THE TIRE MAN, LLC deems such sharing to be reasonably necessary to enforce and apply the Terms of Use, and/or to protect DAN THE TIRE MAN, LLC’s rights, property and safety, and that of its employees, agents and Users.  Further, DAN THE TIRE MAN, LLC may share your Personal Information if DAN THE TIRE MAN, LLC deems it reasonably necessary to comply with a subpoena or search warrant.
• Upon Sale or Bankruptcy: In the event DAN THE TIRE MAN, LLC is bought or transferred, whether by sale or bankruptcy proceedings, we will share your Personal Information with the entity acquiring DAN THE TIRE MAN, LLC.
• With Security/Independent Partners: DAN THE TIRE MAN, LLC partners with multiple security entities and independent third-parties which have access to the Personal Information, but which are subject to contractual obligations regarding privacy, data security and confidentiality that comply with applicable law.  These entities assist with payment processing, marketing and advertising, fraud prevention, data analytics, communications networks, and cloud services. 

8. How You May Access Your Personal Information

Unless stated otherwise in the Terms of Use, you may request access to your Personal Information and to obtain copies of certain Personal Information, including the categories of Personal Information DAN THE TIRE MAN, LLC discloses and/or collects, the purpose for which DAN THE TIRE MAN, LLC collects this information.  You may also seek to modify, correct, update and remove certain Personal Information through your profile, your account and by contacting us directly.

9. Contact Us

You may contact DAN THE TIRE MAN, LLC’s data controller (i.e. the person responsible for maintaining and using Personal Information) regarding this Privacy Policy and your Personal Information by telephone, email or mail as follows:

DAN THE TIRE MAN, LLC
240 Main Street
Madawaska, Maine 04756

Email: [email protected]
Phone: 207-316-2258

10. Security

DAN THE TIRE MAN, LLC cannot guarantee the prevention of unauthorized access to your account.  Accordingly, it is important that you maintain strong passwords and not to disclose your access information to any third parties.  Please also notify DAN THE TIRE MAN, LLC immediately upon discovering any unauthorized access to your account. 

DAN THE TIRE MAN, LLC also maintains a comprehensive security program to secure your personal information from unauthorized access, use and disclosure.  The measures we use for each piece of Personal Information depends on the sensitivity of the particular Personal Information.  For example, credit card information is particularly sensitive, and we maintain specific efforts to prevent the unauthorized access, use and disclosure of such information.  Moreover, we use encryption and secure server software to protect your Personal Information in general. 

11. Updates to this Privacy Policy

DAN THE TIRE MAN, LLC reserves the right to modify this Privacy Policy at any time.  DAN THE TIRE MAN, LLC will provide you with advance notice of any material change to this Privacy Policy through the Website, by email, or by mail.  We will also notify you of non-material changes to this Privacy Policy through the Website, by email, or by mail.  If you do not approve of any changes to this Privacy Policy, you may delete your account. 

12. Links to Other Sites and Mobile Applications

DAN THE TIRE MAN, LLC does not bear any responsibility for third-party websites, mobile applications, and links found on the Website, such as social media sites or links posted by other Users.  Those third-party websites, mobile applications and links are responsible for their own privacy policies, practices and procedures, and DAN THE TIRE MAN, LLC encourages all users to refer to those third-party websites’ privacy statements/policies prior to disclosing any Personal Information to them. 

13. Use of Cookies

DAN THE TIRE MAN, LLC uses cookies in the Website to personalize and customize the User experience.  A cookie is a piece of data placed on a user’s computer or mobile device by a web browser while using that website.  Cookies are assigned to the Users based upon their use of the Website.  Cookies allow you to stay logged into your account, and help DAN THE TIRE MAN, LLC recall specific data for later visits to the Website.  This allows DAN THE TIRE MAN, LLC to preserve your billing information, shipping addresses, etc. so you are not required to input that information each time you visit the Website or log into your account.  You have the option to decline cookies, and most web browsers automatically accept them.  You may adjust your settings regarding cookies in accordance with your web browser’s specific features, and if you decline cookies with regard to the Website, your User experience may be limited and otherwise affected. 

14. Notice to European Union Users

DAN THE TIRE MAN, LLC’s operations are located primarily in the United States of America.  If you provide DAN THE TIRE MAN, LLC with Personal Information, the Personal Information will be transferred out of the European Union and conveyed to the United States of America.  DAN THE TIRE MAN, LLC is considering committing to the Privacy Shield Principles and established mechanisms such as Standard Contractual Clauses.  We will update our Privacy Policy if and when such commitment has been made/confirmed.  You may learn more about the Privacy Shield via the following here.

15. Privacy Policy Supplement Solely for California Residents

Effective January 1, 2020, the California Consumer Privacy Act of 2018 (“CCPA”) went into effect, providing California residents with the rights to (a) request data collection and sales practices in connection with the that particular User; (b) have the User’s information deleted, subject to certain exceptions; (c) request that the User’s Personal Information not be sold to third-parties, and (d) not to be discriminated against because the User exercised its rights under the CCPA. 

If you are a California resident, you may request Personal Information or the elimination of your Personal Information via email to [email protected].  DAN THE TIRE MAN, LLC will then perform an inquiry to verify your identity, and respond within 45 days of receiving the request, subject to an additional 45-day extension in certain circumstances.  Please note that your request does not guarantee complete and comprehensive removal of your content or Personal Information and that there may be situations in which the law does not require or even allow the removal requested, such as in the event your Personal Information is preserved by another User, in which case only that User can delete that Personal Information preserved.

16. EU General Data Protection Regulation Regarding Legal Basis for Processing EU Residents’ Personal Information

Where you have consented to DAN THE TIRE MAN, LLC’s processing of your data, your consent constitutes the legal basis for such processing.  You have the right to withdraw consent at any time, but such withdrawal will not affect the legal basis or lawfulness of processing your Personal Information prior to your withdrawal of consent.  To withdraw your consent, you may remove your Personal Information from the Website or close your account. 

DAN THE TIRE MAN, LLC also processes your Personal Information on the basis of contractual necessity in order to perform our contract with you, such as in order to process your credit card when you purchase a subscription or other products from DAN THE TIRE MAN, LLC.

DAN THE TIRE MAN, LLC may process Personal Information and data on the basis of legal requirements.

Finally, DAN THE TIRE MAN, LLC may process your Personal Information on the basis of our legitimate interests, such as processing content and records obtained from third-parties and in providing the Website.  DAN THE TIRE MAN, LLC also has a legitimate interest in assessing your login habits and history, providing and developing new aspects of the Website based on your interaction with the Website, and maintaining and improving security and safety.  Accordingly, we use your Personal Information to pursue these interests and protect against security threats such as fraud, abuse, harassment, and spam.  You may object to such processing when we rely on legitimate interests to process your Personal Information, and you may modify your privacy settings to control how we process your Personal Information in certain ways. 

You may contact us to object to other forms of processing your Personal Information.

Effective date of this Privacy Policy: April 1, 2022.