PRIVACY POLICY

Privacy Policy, effective as of Dec 1, 2022

Introduction

Please read this Xcite Automotive Privacy Policy (“Privacy Policy”) carefully before the services through the use of our websites www.xciteauto.com, www.reconlogic.com, www.carstudiopros.com, and www.vehiclestickers.io, (the “Service”) owned and controlled by CDM Field Services, Inc. (“CDM”) d/b/a Xcite Automotive, USA Vehicle Stickers, Sold Online Dealer Assistant, Studio Pros, and Car Studio Pros, their agents, subsidiaries, affiliates, officers, employees, and partners (collectively “Xcite Automotive,” “we,” “us,” and “our”). The terms “you” and “your” means you, your agents and affiliates if any, and any other person accessing your Xcite Automotive account (“Account”).

Thank you for using the Xcite Automotive Service. We are strongly committed to safeguarding your privacy and have established this Privacy Policy to inform you how we treat the information you provide to us through our Service. We also want to tell you about the other information that we collect through our Service and how we treat this information. We follow this Privacy Policy in accordance with local law in the places where we operate.

If you choose to use our Service, then you agree to the collection and use of information in relation to this Privacy Policy. The information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.

This Privacy Policy is incorporated into and subject to the Terms of Use of this Service (“Terms of Use”). Each time that you access or use the Service, you acknowledge that you have read, understand and agree to be bound by the Terms of Use and this Privacy Policy. If you do not agree to the Terms of Use and this Privacy Policy, you must discontinue using our Service.

1. Important Definitions

Personal Information. We consider some, but not all, of the information you provide us to be your “Personal Information.” We define Personal Information as information about you that is personally identifiable to you, such as your contact information (e.g., name, address, email address, or telephone number) and any other non-public information that is associated with such information (collectively, “Personal Information”). It does not include information where your identity had been removed, deidentified, or made anonymous nor does it include any publicly available information from government records. We will not rent or sell your Personal Information to third parties without your explicit consent.

Payment Information. Any information that you provide that corresponds to a financial account that we use to process payments.

2. Types of Information We Collect

The only information we obtain about our members is information required to properly use the services provided by Xcite and any Payment Information that is necessary.

Information You Provide. We may collect information that you choose to provide the Service in a variety of ways, such as the follow:

• Information you provide to us for the use of our Service;
• Payment Information that you provide us. Although you submit your Payment Information in order to use the Services, Xcite does not store or process your payment information. Your payment information is submitted directly to and stored by our payment’s processor, Fiserv. Xcite chose Fiserv as its payments processor in part because of its ability to secure your payment information in compliance with the Payment Card Industry Data Security Standard. You should familiarize yourself with Fiserv’s privacy and security policies if you have concerns about your payment information;
• Information you make available to us via social networking logins, such as Facebook or Twitter;
• Information you provide when you participate in the interactive chat session, and
• Information you provide when subscribing to our newsletter or provide feedback.
• Information you submit in a request for support, we may collect name, telephone number, e-mail address, and other information that you choose to give us to respond to the support request. This information will only be used for this purpose.
• Any other information you provide to the Service.

Automated Information. Information regarding your use of the Service may be collected and/or aggregated through the use of automated means. This automatically collected information may include the following:

• Usage data and information about the computer or mobile device you are using, such as what Internet browser you use, the kind of computer or mobile device you use, your browsing history, search history, any information regarding your interaction with a website, application, or advertisement, and other information about how you use the Service;
• The geolocation of your IP address.

3. Cookies and Web Beacons

This Service may use cookies to track information for routine administration and maintenance purposes, as well as to improve our website/application and our user experience. A cookie is a small text file that is generated by a website/application and is stored on your device. When you access our Service, this information is used to recognize and remember your device. We only use strictly necessary cookies and functional cookies as described below for our Service.

Strictly Necessary Cookies: The Service uses these cookies for the Service to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. These cookies do not store any personally identifiable information.

Functional Cookies: The Service may use functional cookies which are essential for our Service to perform enhanced functions and personalization. These include those required to allow registered users to authenticate and perform account-related functions, store information about your preferences such as account name, language and location, and history in order to better serve you.

Analytics and Performance Cookies: The Service may use analytic and performance cookies (through platforms such as Google Analytics) to allow us to optimize performance by collecting information about how you use our Service, such as which pages you visited and which links you accessed, as well as other analytical data. All of this information is aggregated and therefore anonymous, therefore, none of this information can be used to identify you. The sole purpose is to improve the website and understand how users interact with the website.

Advertising Cookies: The Service may use advertising or marketing cookies to track your online activity to help advertisers deliver more relevant advertising or to limit how many times you see an ad. They may be used to collect information about your online activities over time and across different websites predict your preferences and to display more relevant advertisements to you. These cookies also allow a profile to be built about you and your interests and enable personalized ads to be shown to you based on your profile.

Controlling Cookies: You will see a “cookie banner” on the website or application requesting your consent for many of the cookies and tracking technologies we use. You may either accept all cookies or customize which cookies you will allow. Additionally, you can always change your browser settings to control cookie behavior or disable cookies if you have privacy concerns. Be aware that disabling cookies for websites/applications may interfere with your use of some websites/applications. For EU residents, you must consent first to the use of cookies before being allowed access to our Service.

PLEASE BE AWARE that our website currently does not recognize or respond to “Do Not Track” signals.

4. How We Use Your Information We Collect

Xcite Automotive uses your information that it collects from you and about you for the purposes set forth below:

• Provide you with the products and services you request;
• Communicate with you about your account or transactions;
• Improve our products, services and operations;
• Personalize your experience on our site and application;
• Send you information about new Xcite Automotive features or changes to our policies;
• Send you marketing communications about our products, services, and promotions through social media messages that we believe you would be interested in.
• Detect, investigate and prevent activities that may violate our policies or be illegal; and
• Review whether it is responsive to a subpoena or other legal request we have received.

5. When We Share Your Information

We may share any and all of your information in the following instances:

• When you direct us to share your information with third-party sites or platforms;
• When we share your information with third parties in connection with the sale of a business, to enforce our Terms of Use or rules, to ensure the safety and security of our guests and third parties, or to protect our rights and property and the rights and property of our guests and third parties;
• When we determine your information is responsive to a subpoena or other legal request
• To our third party service providers who provide services such as Web site hosting, maintenance, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery services, credit card processing, auditing services and other similar services, but only to the extent necessary or useful to provide such services, and only pursuant to contractual obligations requiring such third parties to maintain the privacy and security of your Personal Information.

Please note that once we share your information with another company, the other company’s privacy practices will govern their use of the information.

6. How Long We Will Store Your Information

We will continue to store and process your information until the earlier of (i) your request that we delete your Personal Information in accordance with the procedures set forth in this Privacy Policy, or (ii) we decide to delete your Personal Information for reasons such as because your failure to use our Service for a prolonged period of time (as determined in our sole discretion) or another business reason makes it desirable for us to delete your information.

The length of time for which we will retain your Personal Information will depend on the purposes for which we need to retain it. We may continue to retain your Personal Information to meet any legal requirements or to defend or exercise our legal rights.

7. How We Secure Your Data

To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, Xcite Automotive has put in place appropriate physical, electronic, and managerial procedures to protect the information we collect. Please understand, however, that while we try our best to safeguard your personally identifiable information once we receive it, no transmission of data over the Internet or any social media or other public network can be guaranteed to be 100% secure.

You need to help protect the privacy of your own information, including maintaining the confidentiality of any account information or access credentials. You must take precautions to protect the security of any personally identifiable information that you may transmit over any public or untrusted network by using encryption and other techniques to prevent unauthorized persons from intercepting or receiving any personally identifiable information. You are responsible for the security of your information when using unencrypted, open access, public or otherwise unsecured networks.

In the event you disclose any of your personal information in a public forum, the information in that disclosure will be treated as public, we will not take any steps to protect, secure, or delete that disclosure, and you should not have any expectation of privacy or confidentiality with regards to that disclosure.

8. How You Control Your Information

You may modify, change, or correct your Personal Information in the same manner in which you originally provided it to us.

If you want to delete your Account, we are sorry to lose your business, and we hope that you will give us the opportunity to discuss any issues or concerns that you have had regarding our service. To delete your account, please contact us at sales@xciteauto.com. Once we receive your request, we will then take steps to delete your Personal Information within a commercially reasonable time. We may retain some information for our own backup, archival, record or audit purposes and as otherwise required by law, however, we will only retain the information for those purposes. Please note that we will only be able to delete your Personal Information that is within our control, and we will not be able delete your Personal Information that we had previously shared with others in accordance with this privacy policy.

9. Changes to this Privacy Policy

Although most changes are likely to be minor, Xcite Automotive may change its Privacy Policy from time to time, and at our sole discretion. Should such changes occur, Xcite Automotive will post the new Privacy Policy with a new Effective Date to notify you of these changes. Xcite Automotive will provide notice to you, and, if Xcite Automotive is required by applicable law, Xcite Automotive will obtain your consent. If Xcite Automotive has not obtained your consent, you are deemed to consent to our then-current Privacy Policy by accessing the Services after the Effective Date, unless you are a California resident for whom different methods of consent apply (as discussed below in Section 12). If you are concerned about how your information is used, you should check back to this Privacy Policy frequently for updates.

10. How We Protect Children’s Privacy

We do not knowingly allow children under the age of 13 to register for our Service, and therefore we do not knowingly collect personal information from children under the age of 13.

If you believe that we have inadvertently collected personal information from a child under 13, please contact us at sales@xciteauto.com so we can take appropriate steps to delete the child’s personal information.

We define “personal information from a child under 13” to include (1) a first and last name; (2) a home or other physical address including street name and name of a city or town; (3) online contact information such as an email address or instant messaging user identifier; (4) a screen or user name; (5) a telephone number; (6) a persistent identifier that can be used to recognize a user over time and across different online services, including an IP address or a unique device identifier; (7) a photograph including the child’s image; or (8) geolocation information sufficient to identify street name and name of a city or town.

11. Third Party Sites

Our Service may provide you with hyperlinks to other sites not owned or controlled by us and we are not responsible for the privacy practices of any site that is not owned or controlled by us. We do not share Personal Information with those other sites, unless specifically authorized by you. We aim to work with trusted partners and organizations which are also bound by state and federal laws governing privacy and security; however, we encourage users to be aware when you leave our site or mobile application and to review any privacy policy of any third-party site.

12. Special Policies for California RESIDENTS

In accordance with the obligations under the California Consumer Privacy Act (“CCPA”), we set forth the following additional notices and policies with respect to the residents of California who use the Service.

Categories of Personal Information

The following are categories of Personal Information collected from consumers, the categories of sources from which the information was collected, and the business purpose for which the information was collected and disclosed within the last twelve (12) months. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. Note that Xcite DOES NOT SELL Your Personal Information.

Statutory Sensitive Personal Information

California Residents Rights

Right to Know/Access Personal Information: California residents have the right to request access to categories of Personal Information collected about you within the last 12 months and information regarding the source of that information, the business or commercial purposes for which we collect it, and the third parties and service providers with whom we share it. If we sold or disclosed your Personal Information for a business purpose, then California residents have the right to two separate lists disclosing (1) the sales, identifying the personal information categories that each category of recipient purchased, and (2) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained. Lastly, California residents have the right to specific piece of personal information we collected, or a data portability request.

Right to Request Deletion of Personal Information: Subject to certain exceptions under Cal. Civ. Code §1798.105(c) and (d), California residents have the right to, at no charge, request deletion of their Personal Information that we have collected about them and to have such Personal Information deleted, except where an exemption applies. We will delete or deidentify personal information not subject to an exception from our records and will direct our service providers to take similar action.

Right to Opt Out of Sale of Personal Information: Under the CCPA, California residents have the right to opt-out of our sale of their Personal Information. Xcite Automotive does NOT SELL any personal information to another business or a third party for monetary or other valuable consideration.

Right to Non-discrimination: The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA. Unless permitted by the CCPA, we will not (a) deny you goods or services, (b) charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, (c) provide you a different level or quality of goods or services, or (d) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

How to Submit a Request to Exercise Your Rights

You may submit a request to exercise your rights as listed above by contacting us in any of the following manners:

• Submit a written request to sales@xciteauto.com.
• Mailing us a written request at Xcite Automotive, 328 S. Jefferson St., Ste. 620, Chicago, IL 60661.

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information. (See Authorized Agent section below). You may also make a request as an Authorized Agent to know or delete on behalf of your child by following the same instructions listed above.

Any request received from a California resident will be responded to as required by law. You may only submit a request to know twice within a 12 month period.

Persons with disabilities may obtain this notice in alternative format upon request by contacting us at sales@xciteauto.com.

Verification Procedures

In order to process a request to exercise a California residents’ rights, we must verify your request. We do this by asking you to provide personal identifiers we can match against information we may have collected from you previously; and by confirming your request using the email or telephone account stated in the request.

Authorized Agent

California Residents may authorize another individual or a business registered with the California Secretary of State, called an authorized agent, to make requests on your behalf. We require that you and the individual complete affidavits in order to verify the identity of the authorized agent and confirm that you have authorized them to act on your behalf.

Response Timing

We will confirm receipt of your request within 10 business days. If you do not receive a confirmation with the 10-day timeframe, please contact us at sales@xciteauto.com. We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by email.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Financial Incentives

A business may offer financial incentives for the collection and use of California residents' personal information, provided it is not unjust, unreasonable, coercive or usurious, and is made available in compliance with applicable transparency, informed consent, and opt-out requirements. California residents may not be included in such incentives without their prior informed opt-in consent. Xcite Automotive DOES NOT offer any rewards programs, incentives or price differences for the collection or sharing of data at this time.

California Do Not Track Disclosure

Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Do Not Track browser settings or signals.

California’s Shine the Light Law

California Civil Code Section 1798.83 permits customers of Xcite Automive who are California residents to request certain information regarding and/or opt-out of our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write to us at sales@xciteauto.com.

13. Notice to Non-U.S. Users

These Services are operated in the United States and is intended for users located in the United States. If you are located anywhere outside of the United States, please be aware that information we collect, including personal information, will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your personal information may be subject to access requests from governments, courts, or law enforcement in the United States according to the laws of the United States. By using the Services or providing us with any information, you consent to the transfer, processing and storage of your information in the United States. You are also consenting to the application of United States federal and Illinois state law in all matters concerning the Services and this Policy.

14. SPECIAL POLICIES FOR CANADIAN RESIDENTS

In accordance with the obligations under the Personal Information Protection and Electronic Documents Act (“PIPEDA”), we set forth the following additional notices and polices with respect to the residents of Canada who use the Online Services.

Your Rights to Your Personal Information

• The right to withdraw your consent (where our processing activity is based on your consent);
• The right to be provided with details about what personal data we hold about you and whether your personal data has been transferred to a third-party, and to be provided with a copy of your personal data;
• The right to stop receiving marketing communication; and
• The right to require us to update any inaccuracies in the personal data we hold. In order to assist us with this, please keep your account information up to date.

To exercise any of your rights set forth in this section, please contact us at sales@xciteauto.com. Subject to our authentication of your identity, we will act on your request promptly. If we deny your request, we will advise you of the reason for the refusal.

If you are not satisfied with how we have addressed your complaint or concerns, you can also contact your appropriate data privacy regulator. If you are located in Canada, your appropriate data privacy regulator may be the Office of the Privacy Commissioner of Canada or a local provincial privacy regulator.

Note: Publicly available information is defined under SOR/2001-7. This includes information such as any personal information including the name, title, address and telephone number of an individual that appears in a professional or business directory, listing or notice, that is available to the public, where the collection, use and disclosure of the personal information relate directly to the purpose for which the information appears in the directory, listing or notice. (For full definition see SOR/2001-7).

• An organization may collect, use and disclose publicly available personal information without the knowledge or consent of the individual.

15. Choice of Law

The laws of the State of Illinois shall govern any dispute, including those disputes arising from Xcite Automotive’s use of Personal Information or otherwise relating to privacy, as specified in the Terms of Use. [Link to Terms of Use statement] This Policy does not create rights enforceable by third parties.

16. Notice

Xcite Automotive does not intend to transfer or sell Personal Information without your consent to third parties who are not bound to act on Xcite Automotive’s behalf unless such transfer is legally required.

17. Contact Information

If you have any questions regarding the use of your information, this Privacy Policy or the Terms and Conditions, please contact us at sales@xciteauto.com.