Privacy Notice

This privacy notice (“Notice”) governs the manner in which Valeda Company, LLC d/b/a Q’STRAINT, a Delaware, US limited liability company (collectively, “Q’STRAINT,” “our,” “we,” or “us”) collects, uses, stores, discloses, and safeguards your information collected from you on its websites and other communications with users, customers, and interested parties. Q’STRAINT may be contacted with questions about this Notice at [email protected]. We may also be contacted at Q’STRAINT, 4031 NE 12th Terrace, Oakland Park, FL 33334, Attention: Privacy Notice.

Q’STRAINT is the “controller” or “business” for the purposes of this Notice (or such other term as may be used under applicable law).

Throughout this Notice, we refer to the term “Personal Information.” “Personal Information” means data that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Q’STRAINT may collect the Personal Information including but not limited to: name, birthdate, postal address, email address, telephone number, vehicle identification numbers (“VINs”), and/or other unique identifiers.

As further described herein, we may collect information from you or through your use of our services which is not Personal Information, including information which relates to your usage of the Website but which does not identify you. Further, the definition of Personal Information does not include anonymous or de-identified data that is no longer reasonably capable of identifying a particular consumer or household.

If you are a US resident, please also refer to our US State Consumer Privacy Notice at the following link, which is incorporated herein by reference for US residents: State Privacy Notice.

If you reside or are located in a country within the European Union (“EU”), any and all material or personal information that is collected from you will be processed in accordance with the requirements set forth in the EU’s General Data Protection Regulation (“GDPR”), effective May 25, 2018, and you should refer to our EU Privacy Notice located here: EU Privacy Notice.

Information Collection

We collect information about you in several ways: 1) directly from you; 2) indirectly from you via your business interactions with us, including through direct communications, the purchase of products or services, the use of our websites or transacting business through our network of resellers and dealers; and 3) from third parties.

Information Collected Directly From You

When you contact us, whether in-person, through our website or online forms, or through one of our dealers, we will collect certain Personal Information about you so that we may verify your identity, adequately respond to your inquiry, or assist you in purchasing products. Examples of information we collect and the purpose associated is as follows:

Information Collected Indirectly from You

When you inquire about our products and services, make a purchase, or interact with us, including by visiting our website, we may collect information about your visit and maintain that information in our records and logs. We may capture and store the information electronically. Examples of the information we may collect include: Internet Protocol (“IP”) address; browser type and language; Internet Service Provider (“ISP”), referring and exit websites and applications; websites viewed while on the website; operating system; date/time stamp of activity; clickstream data; whether you are a first-time or a returning user; links you clicked on while in the website; and your flow and navigation path through the website. We use this information in a deidentified fashion to help us administer the site, analyze its usage, protect the website and its content from inappropriate use, and improve your website experience, and for those other purposes described herein below.

In some parts of our website and through email messages, you will find a “click-through URL” linked to content on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click such links in our email messages.

Cookies

We use technologies, such as “cookies,” so we can remember certain information about you, remember your preferences, or recognize you when you return to the website. Cookies also help us compile aggregate data about website traffic and website interaction so that we can improve our website and protect our website from fraud.

A cookie is a text file that is stored on your computer. As text files, cookies cannot read information on your hard drive, run programs, or deliver viruses to your computer.

Most browsers are set to accept cookies automatically. You can set your browser to decline all cookies automatically or to prompt you for a response each time a cookie is offered. If you decline cookies, you may find that you cannot access all our website’s features.

During your browsing session, we use “session” cookies to store information and monitor website function. These session cookies are installed during your browsing session and are deleted when the browsing session has ended. For more information and to manage your cookie preferences visit our Cookie Notice here: Cookie Notice.

We also use log files when you visit our website. Log files track IP addresses, browser type, ISP identity, referring/exit pages, platform type, date/time stamp, and number of clicks. We utilize this information in our legitimate interest in administering the website, preventing fraud, tracking website navigation in the aggregate, and gathering broad demographic information for aggregate use.

Web beacons, also known as clear GIFs, are often used in combination with cookies. Often transparent, these images are part of web pages and allow us to count users who have visited certain pages and to generate statistics about how our website is used. They are not used to access Personal Information.

GIF. We may use tiny images known as clear GIFs to track behavior of users, including statistics on who opens our emails.

IP Address. Our servers (or those of our service providers) automatically record certain log file information reported from your browser when you access the website. These server logs may include information such as which pages of the website you visited, your IP address, your browser type, and other information on how you interact with the website.

Pixel Tracking. In addition to using Cookies, the website may employ “pixel tracking,” a common process that may be used in connection with advertisements on other sites. Pixel tracking involves the use of pixel tags that are not visible to the user and consist of a few lines of computer code. Pixel tracking measures the effectiveness of advertisements and compiles aggregate and specific usage statistics. A “pixel tag” is an invisible tag placed on certain pages of websites that is used to track an individual user’s activity. We may access these pixel tags to identify activity and interests that may allow us to better match our products, services, and offers with your interests and needs. For example, if you visit our website from an advertisement on another website, the pixel tag will allow the advertiser to track that its advertisement brought you to the website. If you visit our website, and we link you to another website, we may also be able to determine that you were sent to and/or transacted with a third-party website. This data is collected for use in our marketing, research, and other activities.

Site Analytics

We use third-party website analytics software from third-party providers, e.g., Google Analytics and Facebook, in connection with our website to gather data such as age, gender, and interests to provide advertising targeted to suit your interests and preferences. Please refer to the section herein entitled “Access and Consent to Use of Your Personal Information” for information on opting out of the automated collection of information by third parties for the purpose of delivering advertisements tailored to your interests.

This analytics software helps us target our online ads based on information collected directly from you or by automated means, like cookies. These companies also use automated technologies to collect information when you click on our ads, which helps track and manage the effectiveness of our marketing efforts.

Q’STRAINT utilizes analytics software provided by Google Analytics, which collects information associated with the website (like information about your browser, network, and device, web pages visited before and during your view of the website, and your IP address) that is not used to identify a user. This information helps us better understand how visitors use our website, detect and defend against fraud and other security risks, and present advertisements, products, and/or services of interest to you.

Information We Collect From Third Parties

We may obtain information about you when you provide information through an authorized reseller or dealer. We may also collect information that others provide about you when you use the website or obtain information from other sources and combine that with information we collect through the website.

• Third-Party Services. If you link, connect, or login to your account with a third-party social media service (e.g., Facebook, Google, Instagram, Yelp), the third-party service may send us information such as your registration and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.
• Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third-party service providers and/or partners and combine it with information we have about you. For example, we may receive fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. Other examples of such providers include, but are not limited to, backend processing, fulfillment, and automation, email management, authentication, form processing, website usage tracking, and database hosting and management.

Our Use of Your Information

We will use your information to respond to you regarding the reason you contacted us. We use your information to respond to inquiries, to provide products and services to you, and to process and fulfill orders. For example, if you provide us with your name and email address and tell us that you purchased a certain model of a Q’STRAINT vehicle that you are having problems with, we will use that information to respond to you to address those problems.

We use your information for marketing and related research and customer analytics, as well as for promotional purposes. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions or to otherwise contact you about products or information we think may interest you. Unless you ask us not to, we may contact you via email to tell you about specials, new products or services, or changes to this Notice. You may always opt out of these emails, either by writing to us at [email protected] or by clicking on a link in one of the emails.

We use your information to tailor the content and information that we may send or display to you, to offer location customization and personalized help and instructions, and to otherwise personalize your experiences while using our website.

We use your information to better understand how users access and use our website, both on an aggregated and individualized basis, in order to improve our website and respond to user desires and preferences and for other research and analytical purposes.

Personal Information is used also to provide you with a more enjoyable, convenient online experience. We may use your Personal Information to send you requested information, to personalize content for you, to compile, analyze, and better understand user data, demographics, and behavior, and to detect, investigate, and prevent activities that may violate our policies or be illegal. We may also use your Personal Information to communicate with you about events and services we believe you might find of interest and to administer marketing materials and surveys in which you might participate.

We also use the information automatically collected about you during your use of the website, as described above, to improve the effectiveness of our website, operations, mobile experience, or marketing efforts, to prevent against fraud and theft, and otherwise to protect our website’s visitors and our organization.

Our employees and agents may view your Personal Information to perform their jobs and address your needs. We authorize their access to your Personal Information on a need-to-know basis to provide you with information or services, or for one of the other reasons listed in this section, and always in connection with a contractual obligation to protect the privacy of that information.

In addition, we may use de-identified, aggregated, or other usage data which is not reasonably capable of identifying a person, for any lawful purpose we deem appropriate. Our uses of such deidentified data, aggregated data, or other data which is not Personal Information, may include but are not limited to, helping us administer the website, analyze its usage, protecting the website and its content from inappropriate use, and improving your website experience.

Where required by applicable law, we rely on a number of legal grounds for the processing of your Personal Information. For example, we may collect Personal Information as necessary for the performance of a contract you and Q’STRAINT are a party to, or in order for Q’STRAINT to take steps, at your request, prior to entering into a contract, such as the purchase of our products and services or the processing of warranty claims. Q’STRAINT is not able to provide our services and products according to contracts unless you provide us with necessary Personal Information.

We may also process your information, if we have received your consent, in response to requests from you or for the legitimate interest of Q’STRAINT, such as for marketing purposes or to otherwise inform you of our business operations, and to improve our products and services and website. Please note that if we rely on consent, you may withdraw your consent at any time (please refer to the section herein entitled “Access and Consent to Use of Your Personal Information” for withdrawal processes), but such withdrawal will not affect the lawfulness of the processing prior to the withdrawal. These grounds are applicable to job applicants, customers and potential customers, and our business partners, distributors, and suppliers.

Disclosure of Your Information

We will not sell, rent, or lease any information we collect from you to others. We will not make your Personal Information available to any parties, except to the categories of parties as follows:

• To employees, contractors, agents, website vendors, and/or contractors who may use it on our behalf or in connection with their relationship with us;
• To independent or affiliated Q’STRAINT dealers in our network, who operate locally in your area, including when you submit a form on our website requesting more information about our products;
• To our Affiliates, where “Affiliates” includes our parent companies, our subsidiaries, and companies under common control with Q’STRAINT.
• To our service providers, and other third parties operating on our behalf (e.g., Google Analytics) for our marketing purposes, building targeted ad campaigns, and providing you information about us or our services. We provide your Personal Information to our call experts so that they can provide answers to your questions through our call center. And we may provide Personal Information to or store your Personal Information in Extu, Salesforce, and/or similar programs, to track and improve our sales services.
• To others, including law enforcement, if we believe such release is reasonably necessary to comply with law or legal process; to enforce or apply the applicable Terms of Use, if reasonably necessary to protect our operations, members, or users; to detect, prevent, or otherwise address fraud, security, or technical issues; protect the rights, property, or safety of others; in a matter of public safety or policy; or as needed in connection with the transfer of our assets or other sale of our business. In the event of an insolvency, bankruptcy, or receivership, your Personal Information may also be transferred as a business asset.

In addition, we may disclose de-identified, aggregated, or other usage data which is not reasonably capable of identifying a person, with third parties for any lawful purposes we deem appropriate.

Other than for the purposes described above, we will not disclose any of your Personal Information, except when we have your permission or under special circumstances, including to fulfill a purpose for which you submit the Personal Information to us.

We disclose your Personal Information to the categories of third parties set forth above for one or more of the following purposes:

• To present our products and services to you in various formats;
• To report on warranty information and vehicle-related information with respect to third-party sources that may track this information;
• To provide you with information and respond to your questions on products or services that you request from us and information on new products, services, discounts, special promotions or upcoming events, and features or offers that we believe will be of interest to you;
• To provide you with customer support;
• To communicate with you in response to questions you may have about our products or services;
• To deliver marketing communications and other materials to you that we believe may be of interest to you, such as the opportunity to participate in a consumer survey group;
• For targeted advertising;
• To improve and further develop the products and services we offer on this website and through our retail distribution channels;
• To protect and maintain the security and integrity of our website and its infrastructure;
• To authenticate information you provide to us;
• To protect our rights and property or the rights and property of others;
• To detect, prevent, and respond to fraud, intellectual property infringement, violations of our Terms of Use, violations of law, and any misuse of the website or our products or services;
• To comply with any legal obligations imposed on us;
• To pursue legal remedies available to us, limit our damages, and comply with judicial proceedings, court orders, or lawful requests from governmental authorities and for other legal purposes;
• To provide you with the products, services, or information that you have requested;
• To provide you with notices about your account, including expiration and renewal notices;
• To better understand the consumer habits of our vehicle owners;
• To plan for life of ownership of vehicles and the products we sell;
• To allow third parties, such as our independent or affiliated dealers and resellers, to understand and plan for the use of the products we sell;
• To allow dealers to understand the nature and effect of our products with respect to value of affected vehicles;
• To provide consumers with history of the warranty(ies) that may be applicable to the vehicle or our products;
• To notify you about information regarding or changes to our website, our policies, terms, or any services we offer or provide, or regarding your account;
• To process your account application and any changes to your account information;
• To allow you to participate in interactive features on our website;
• To provide access to restricted parts of our website, e.g., areas accessible if you have a user account;
• For internal purposes, such as website and system administration or internal audits and reviews;
• For analyzing how our website is used, diagnosing technical problems, maintaining security, and personalizing content;
• To operate, maintain, and provide to you the features and functionality of the website;
• To provide statistics about the usage levels of the website and other related information to our service providers;
• To notify you of data privacy incidents or provide you with legally required information;
• To request your participation in ratings, reviews, surveys, focus groups, or other initiatives that help us to gather information used to develop and enhance our services;
• In any other way we may describe and for which we obtain your consent when you provide the information and you give your consent, either explicitly, or when consent is clearly implied at the time of submission.

We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the website; (b) monitor the effectiveness of our website and services; (c) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (d) diagnose or fix technology problems reported by our users or engineers that are associated with certain IP addresses; and, (e) help you efficiently access your information after you sign in. We may use the information we have collected from you to enable us to display advertisements on our website to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria; further, if the advertisement directs you to a third-party website, such third-party may have its own privacy policies and practices, which may be different from our policies and practices.

Access and Consent to Use of Your Personal Information

If you believe that the Personal Information that we have collected about you is incomplete, inaccurate, or not up to date, or if you would like to review and/or request changes or deletion of that information, please see the contact information in the “Questions and Contact Information” section.

If you do not consent or want to withdraw your consent for us to collect, use, or disclose your Personal Information as described in this Notice, please use the contact information provided in the “Questions and Contact Information” section. In your request, please identify the Personal Information at issue and the collection, use, or disclosure you wish to stop.

Denying or withdrawing consent may not allow us to provide you with some or all the products, services, or information you request.

You may opt-out of receiving marketing-related emails, targeted advertising messages, or promotional offers from Q’STRAINT by clicking the “unsubscribe” link at the bottom of any email you receive from us or emailing us at [email protected]

If you opt-out from receiving marketing emails or text messages, we may still need to send you communications about your account, membership, and other matters. If you agreed to receive future marketing communications directly from a third party through our website, you will need to contact that party to opt-out of such communications. This process may be outlined on that party’s privacy policy. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.

For information on how to opt-out of targeted advertising by using an opt-out-preference signal, visit the Global Privacy Control’s website along with the Global Privacy Control’s information for website users.

Security of your Personal Information

We implement a variety of security measures to help protect your Personal Information from unauthorized access, disclosure, alteration, and destruction, which includes holding your Personal Information on a secured network with limited access. Although we use our best efforts to ensure the security and confidentiality of your Personal Information, unfortunately, no data transmission can be guaranteed to be 100% secure. Thus, we cannot guarantee or warrant the security of any information you transmit to us, and you do so at your own risk. You should only access our website within a secure environment, and you remain solely responsible for the security of your computer at all times.

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we maintain appropriate physical, electronic, and managerial procedures to safeguard and secure the information and data stored on our system. Q’STRAINT uses Transport Layer Security (TLS) or a similar protocol for this purpose.

When Personal Information (such as a credit card number) is transmitted by us to other website, it is protected through the use of encryption, such as TLS. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved.

Links and Third Parties

Our website may contain links to, and embedded content from, other websites (“Third-Party Content”). Please be aware that if you engage with such Third-Party Content, for example, by clicking a third-party link or viewing embedded YouTube content, the Third-Party Content may enable cookies or other tracking technologies that are not controlled by Q’STRAINT to collect certain Personal Information about you and your interaction with the Third-Party Content. When Third-Party Content redirects you to a third-party website, the third party may use cookies and other tracking technology to recognize that you were redirected from Q’STRAINT’s website. Each time you are redirected to a third-party website via Third-Party Content, you should refer to the third party’s privacy policy to understand more about how the third party collects and uses your Personal Information.

Additionally, our website may link to, or integrate, a third-party financial services partner to offer financing to customers. This third party processes customer applications for financing, makes decisions on the applications, generates the appropriate contracts for financing, and books services for the contracts. We (or our Affiliates) may have access to or be able to view the Personal Information included in these application and contracts, but neither we nor our Affiliates ultimately makes financing decisions and neither we nor our Affiliates directly offers the financing. If you have questions about how a third party uses your Personal Information, including for processing financial applications, you should refer to their policies or reach out to such party directly.

No Use by Children

Q’STRAINT’s website is not intended for use by children under the age of 18. We will never knowingly collect information directly from children under the age of 18 without verifiable parental consent. If you are under the age of 18, you may not use the website, and please do not provide us with information of any kind whatsoever. If we become aware that a user is under the age of 18 and has submitted information to the website without verifiable parental consent, we will remove his or her information from our files and deactivate his or her account. If you have reason to believe that we may have accidentally received Personal Information from a child under the age of 18, please contact us immediately at [email protected].

United States Operation

The Q’STRAINT website is operated from the United States. If you are located outside of the United States and choose to use the website or provide your information to us, your information will be transferred, processed, and stored in the United States. The privacy laws of the United States may not be as protective as those in your jurisdiction.

Ongoing Processing and Retention of Your Information

We will process your Personal Information for as long as necessary to comply with an existing and binding legal contract between Q’STRAINT and you or to comply with the law. We will further process your data for the period of time in which Q’STRAINT has a legitimate interest to process your data, for the purposes of marketing and information of our business operations, or until you inform us according to your rights above. If you have previously given consent to us to process your Personal Information, we will delete the relevant information upon notification of your withdrawal of that consent.

We retain information for individuals who have entered their data onto our website for only as long as it is necessary and relevant for our operations. Unless we are actively using your Personal Information as indicated above, we will delete your Personal Information after 5 years. For customers who have purchased products from us, we will retain information for 15 years or until the applicable warranty period has expired, whichever is later. In addition, we may retain information from closed accounts to comply with the law, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigation, and take other actions permitted by law. The information we retain about you will be handled in accordance with this Notice.

Surveys & Contests

In addition to the Personal Information collection and use outlined above, from time to time, our website will request information via surveys or contests. Participation in these surveys or contests is completely voluntary, and you may choose whether to participate and, therefore, whether to disclose this information. For contests, contact information (including name, address, phone number, email address) may be collected to notify the winners and award prizes. Contact and other information collected in connection with surveys will be used to monitor and improve the use of and satisfaction with the website.

Business Relationships

If you are an employee or another type of service provider for an entity with which Q’STRAINT has a business relationship, and you interface with us on behalf of such business entity, any Personal Information we obtain about you as part of your representation of such business will be used only to facilitate the business relationship and for the purposes described in any agreements with the entity you represent.

No Spam, Spyware or Spoofing

To report Q’STRAINT related spam or spoof emails to us, please forward the email to [email protected].

Updates

From time to time, we may change this Notice and will notify you of material changes by posting the changed or modified Notice on our website. Any changes will be effective immediately upon the posting of the revised Notice unless otherwise specified or otherwise required by law.

Questions and Contact Information

If you have any questions or concerns, you should contact us immediately via email to [email protected].