ProColor Collision USA Privacy Policy

ProColor Collision USA LLC (“we,” “us,” and “our”) respects the importance of the privacy of your personal information.  We provide this Privacy Policy so you know about our information handling and storage practices and understand how we treat the personal information we receive about you from your use of our web sites and mobile software applications (collectively, the “Sites”) or otherwise in connection with our products, services and franchise operations in the United States (collectively, the “Services”).  By accessing or using the Site or the Services, you agree to the terms of this Privacy Policy.

Your visit to the Sites is subject to the Terms of Use, including limitations on damages and application of the law of the State of Minnesota.  Access and use of this Site and the Services is strictly voluntary.  If you do not agree to this Privacy Policy, you may not use the Site or the Services.  Additionally, we may not be able to assist you in connection with matters relating to the Services.

Your Consent

BY SUBMITTING YOUR PERSONAL INFORMATION TO US (DIRECTLY OR INDIRECTLY), YOU ARE CONSENTING TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND TO OUR USE OF YOUR PERSONAL INFORMATION AND ANY RELATED INFORMATION IN THE MANNER DESCRIBED IN THIS PRIVACY POLICY, INCLUDING THE TRANSMISSION TO, AND STORAGE AND PROCESSING OF YOUR PERSONAL INFORMATION BY THIRD PARTIES OUTSIDE THE UNITED STATES. IF YOU ARE SUBMITTING PERSONAL INFORMATION OF THIRD PARTIES TO US, YOU WARRANT AND REPRESENT YOU HAVE THEIR CONSENT TO PROVIDE THEIR PERSONAL INFORMATION TO US AND YOU WILL INDEMNIFY US AND HOLD US HARMLESS FROM AND AGAINST CLAIMS BY SUCH INDIVIDUALS RELATING TO OUR PROCESSING AND USE OF SUCH PERSONAL INFORMATION WITHIN THE TERMS OF THIS PRIVACY POLICY.

The Data We Collect

Anonymous Electronic Information. In general, you can browse the Sites without telling us who you are or revealing any personal information about yourself. However, we collect your computer’s or mobile device’s IP address, which you necessarily disclose when you visit the Sites, so that data (such as the web pages you request) can be sent to your computer or device.

Cookies. The Sites use “cookies,” which are text files placed on your computer that web pages on the Sites may use to store data on your computer or send data to our web servers.  No one else can read these files.  Cookies allow our web servers to recognize you when you return to the Sites, so we can retain any preferences you may have selected. We may also use cookies to troubleshoot how the Sites operate, and for internal analysis of how people use the Sites. We may use “persistent cookies” to save your user ID and login password for future logins to the Sites. We may use “session ID cookies” to enable certain features of the Sites, to better understand how you interact with the Sites and to monitor aggregate usage and web traffic routing on the Sites. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the web sites you visit.  If you do not accept cookies, however, you will limit the functionality we can provide when you visit and use the Sites, such as the estimate generator.

Additional Electronic Information.  We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of the Sites.  During your visit to our Sites, we may record choices you have made and use this to provide more customized content or advertising.  This is sometimes called “clickstream” data and does not identify you and is not retained after your visit.

The Sites are not designed to respond to “do not track” requests from web browsers.

Location Information. We may collect information about your location if you provide your address or zip code or we may approximate your location based on your IP address.  If you provide our mobile applications access to location services on your device, we and our third party providers may collect location data through GPS, Wi-Fi, wireless network triangulation or other similar methods.

Through Your Interactions with Us. When you interact with use through certain activities on the Site or in connection with the Services, such as subscribing to our mailing lists, inquiring about a franchise, making an appointment, and sending messages through the Site, we may ask you to provide personal and other information. In order to engage in such activities, you will be required to provide information that lets us know the specifics of who you are, such as your first name, last name, e-mail address, phone number, and other information. If such information is required to provide Services to you or where it is optional for you to engage in these activities, then if you do not provide the mandatory information with respect to a particular activity, you may not be able to engage in that activity and we may not be able to assist you in connection with our Services or fulfill the purpose for which you contacted us.  You may also limit your ability to use all or a portion of the Site.

Use of the Data We Collect

We use personal information to provide and improve our Services and the Site for purposes in our legitimate interests and for compliance with applicable laws.

To Operate Our Business.  We process personal information where you give us your consent or on the basis that it is: (a) necessary for the performance of a contract we or one our franchisees has with you; (b) in our or a third parties’ legitimate interests such as a contract with our franchisee or another party under which we are required to deliver products or services; or (c) for compliance with a legal obligation.

We may use your personal information for particular activities, including, without limitation, responding to your inquiries, customer service, providing Services to you, payment processing, collections, marketing and research, sharing your stories that you provide to us, developing and displaying content tailored to your interests, processing your franchise application and contacting you regarding franchise opportunities, providing promotional and other information to you, and contacting you regarding administrative notices or to solicit feedback on your experience with us or one of our franchisees. We may share this information with our parent companies, subsidiaries, other related entities, franchisees, vendors, marketing partners, and other parties with whom we collaborate.  These parties may be located outside the United States.  If we use service providers, these service providers may have access to your personal information to perform contractually specified services on our behalf.  For example, if we are collecting payment from you, we must release your payment information to payment authorization service providers or associated banks to process your payment.

Our franchisees may independently have their own data collection and use practices that are not governed by this Privacy Policy.

For Improving our Sites and Services.  We may use your IP address and similar web site use information to: (i) help diagnose problems with the Sites, administer and improve the Sites, and measure the use of the Sites; (ii) identify the type of web browsers used, the pages viewed, the web sites from which a visitor found the Sites, and the search terms and search engines used to find the Sites; and (iii) gather other web analytics information relating to visitors’ use and navigation of the Sites.  This information does not identify you personally.  On occasion we may aggregate this data with data on the pages visited by other users to track overall visitor traffic patterns and provide this aggregate information to vendors, business partners, or affiliates.

The information we obtain using standard Internet technology, such as web beacons and other similar technologies, enables us to customize the services we offer visitors to our Site, to deliver targeted content, and to measure the overall effectiveness of our online content, advertising, or programming or other activities.

We may use your location information to provide personalized content and advertising, to enhance your experience with the Services, to allow you to view promotions and products available to you based on your location, to assist us with analytics, and to improve the effectiveness of our Sites and Services.

We may use the information you provide in an anonymous or aggregated format that does not identify you personally, which uses might include, without limitation, to evaluate existing products, services, and systems; to assist in the development of new products or services; research; advertising; and to identify trends and changes.

For Law Enforcement, Regulators and Other Parties for Legal Reasons.  We may also disclose personal information in any of the following circumstances: (a) in response to a subpoena, search warrant, court order, or other legal process or request, or as may otherwise be required by law, rule, or regulation; (b) to protect and defend our rights or property or those of our related entities, franchisees, or business partners, or others; or (c) as we, in our sole discretion, believe is appropriate under exigent circumstances in response to a perceived threat to the personal safety, property, or rights of any person or organization.

In addition, since our database is a business asset, in the event we are reorganized or become part of another organization, you consent to the sale, assignment, or transfer of your personal information to a successor that acquires substantially all of our business assets, or to an affiliate, as applicable.

Other than as set forth in this Privacy Policy, we do not sell, transfer, share or disclose personal information to third parties.  To opt-out of the sale of your personal data, please call us at: (952) 944-8000 or email us at privacy@procolorusa.com.

Children’s Online Privacy Protection

Our Sites are not directed to children under the age of 13 and we will not knowingly collect personal information from children under the age of 13 on our Sites.  If we become aware that we have inadvertently received personal information from a child under the age of 13 on our Sites, we will delete the information from our records.

Security and Accuracy of Personal Information

We take the security of personal information seriously and we take what we believe to be reasonable precautions and have implemented certain safeguards to protect the security of data and personal information. We may transmit your personal data to third parties outside the United States for storage or processing. We will attempt to ensure that your personal information will be subject to appropriate safeguards and that it is processed and secured in accordance with applicable law. However, we cannot guarantee against any loss, misuse, unauthorized disclosure, or alteration or destruction of data or personal information. While we strive to protect your personal information, we cannot guarantee the security of any information you transmit to or from the Sites, by chat, email or other electronic communications, and you provide such information at your own risk. You acknowledge that: (a) there are security and privacy limitations in computer systems and on the Internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through the Sites, chat, email or other electronic communications, cannot be guaranteed; and (c) any such information and data may be viewed or tampered with by a third party while such information or data is being used, transmitted, processed, or stored. 

Our Relationship to Other Web Sites

The Sites may contain links to other web sites. If you visit one of these other web sites, we encourage you to review the privacy policy on that web site.  We are not responsible for the policies and practices of other web sites, and any information you submit to those web sites is subject to their privacy policies.

We may have functionality on the Sites that is provided, in whole or in part, by a third-party service provider. You can usually identify such third-party functionality by the use of a trademark not owned by us on or near the functionality. In that case, when you use the functionality, you become subject to the terms of use and privacy policy of this third party in addition to the Privacy Policy and Terms of Use of our Sites. In some cases, you may need to visit that party’s web site and locate the terms of use and privacy policy.

Privacy Rights and Requests

You may have rights under applicable laws concerning personal information we have collected about you, which may include the right to access your personal information we have, to ask us to delete, correct, or restrict the use of your personal information, to withdraw your consent to our use of your personal information, to ask how we have used your personal information, and to ask whether we have shared your personal information. We will honor your rights to the extent required by us under applicable laws or as we may agree to honor in our sole discretion.

All privacy requests relating to your personal information, including those related to access to, rectification of, restriction of, processing of, sharing of, or objection to the processing of your personal information, withdrawal of consent to handle your personal information, the right to be forgotten, or to opt-out of the sale of your personal information, can be submitted one of the following ways:

By email:          privacy@procolorusa.com

By U.S. Mail:   650 Pelham Blvd, Suite 100, St. Paul, MN 55114

Attn: Privacy Requests 

By telephone:    (952) 944-8000

All communications must be in the English language.  Please clearly state what information you are requesting and any other requests you are making.  

We will respond to reasonable requests within the time limits established by applicable law or within a reasonable time if no time limit is established by applicable law.

If you or your authorized agent sends us an email requesting that we take action regarding your personal information or the right to be forgotten, the requesting email MUST come from the email address we have on file for you in order to verify that the request is valid and also to protect your personal information.  All other requests must be made in writing or otherwise be verifiable as originating from you or your authorized agent.  In order to protect your information and because people may have the same name, we will only provide or delete personal information that we can verify is associated with your particular email address or where we can reasonably identify the identity of the requestor.

For your protection, we may ask you for additional information to verify your identity. In most cases, we will provide the information you request and correct or delete any inaccurate personal information you discover. We reserve the right, however, to limit or deny your request to the extent permitted by applicable law if: if: (a) complying with the request may present a threat to the personal safety, property, or rights of any other person or organization; (b) complying with the request may lead to a violation of applicable laws or regulations; (c) we are not required to comply with the request because of a legal rule or exception; or (d) you have failed to provide us with sufficient evidence to verify your identity.  We will not delete personal information if that personal information is related to an ongoing transaction.  Even after a request, we may also keep personal information where necessary to comply with applicable laws or where necessary to protect a legal right or fulfill a legal obligation.  If you are a California resident, you have the right not to receive discriminatory treatment by us for your exercise of privacy rights conferred by the California Consumer Privacy Act.

How Long We Keep Personal Information

We retain personal information in accordance with any records retention policy or program we may implement from time to time. We will retain personal information for the length of time necessary to fulfill the purposes for which we collected the personal information or to demonstrate we have fulfilled our duties or obligations, or for retention periods required by applicable law or in which claims may be made or the existence of legal proceedings.

Changes to Privacy Policy

We reserve the right to revise this Privacy Policy, in whole or in part, at any time without notice to you. You expressly waive any right to receive notice of any revisions to this Privacy Policy. We encourage you to review this Privacy Policy regularly in your use of the Site and the Services to ensure you are aware of current practices.  Any use of the Sites or Services following the date on which the revised Privacy Policy is published on this web site shall constitute your acceptance of all such changes.

Contact

For questions or comments related to this Privacy Policy, please email us at privacy@procolorusa.com.

Last updated: August 10, 2020