Privacy Policy

Introduction

Asfalis, Inc. ("Company" or "We/Us/Our") is the data controller in relation to personal information which We hold about you. All requests and enquiries relating to data collection and protection matters may be addressed to Our Data Protection Leader in writing to [dataprivacy@asfalis.com] or by visiting [https://dataprivacy.asfalis.com].

We respect your privacy and are committed to protecting it through Our compliance with this policy. This policy describes:

  • The types of information We may collect or that you may provide when you download, install, access, and/or use the ASFALIS® Mobile Registration Application (the "App"), including use of the App to register for a product warranty and/or product performance guarantee.

  • Our practices for collecting, processing, using, maintaining, protecting, and disclosing that information.

  • Our reason

This policy applies only to information We collect in the App, and in email, text, and other electronic communications sent through or in connection with the App, as well as information We collect during the registration or submission of a claim under any associated product warranty and/or product performance guarantee, including but not limited to, information We collect through Our helpdesk located at https://helpdesk.asfalis.com/ (the “Helpdesk”), and Our claims portal located at https://claims.asfalis.com/ (the “Claims Portal”).

This policy DOES NOT apply to information that:

  • We collect offline or on any other Company apps or websites, including websites you may access through the App.

  • You provide to or is collected by any third party.

Other third parties may have their own privacy policies, which We encourage you to read before providing information on or through them.

Please read this policy carefully to understand Our policies and practices regarding your information and how We will treat it. If you do not agree with Our policies and practices, do not download, use, or register for a product warranty and/or product performance guarantee using the App and do not visit or use the Helpdesk and/or Claims Portal. By downloading, using, or registering with the App or visiting the Helpdesk and/or Claims Portal, you agree to this policy. This policy may change from time to time. Your continued use of the App, Helpdesk, and/or Claims Portal after We revise this policy means you accept those changes, so please check the policy periodically for updates.

Children Under the Age of 16

The App is not intended for children under 16 years of age, and We do not knowingly collect personal information from children under 16. If We learn We have collected or received personal information from a child under 16 without verification of parental consent, We will delete that information. If you believe We might have any information from or about a child under 16, please contact Us at [dataprivacy@asfalis.com].

Information We Collect and How We Collect It

As data controllers, We collect information from and about users of Our App and visitors of Our Helpdesk and Claims Portal:

  • Directly from you when you provide it to Us. For example, from forms you complete when registering for a product warranty and/or product performance guarantee using the App.

  • Automatically when you use the App, Helpdesk and/or Claims Portal. For example, information We collect about your mobile device when registering for a product warranty and/or product performance guarantee using the App.

  • Deidentified or aggregated consumer information.

In particular, within the last twelve (12) months, We have collected the following categories of personal information from consumers who use the App or submit a Helpdesk ticket to register for a product warranty and/or product performance guarantee (“Registrants”), and/or from Registrants who submit a claim using the Claims Portal (“Claimants”):

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Disclosure and Use of Your Information

We may use or disclose information that We collect about you or that you provide to Us, including any personal information, for one or more of the following purposes (the “Purposes”):

  • To provide you with the App and its contents, and any other information, products or services that you request from Us.

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to register for a product warranty, We will use that personal information to later verify your eligibility to make a claim under that warranty.

  • To give you notices about your registration and/or claim status, or any other updates.

  • To carry out Our obligations and enforce Our rights arising from any agreement entered into between you and Us, including a product warranty and/or a product performance guarantee.

  • To notify you when App updates are available, and of changes to any products or services We offer or provide through it.

  • To process your reimbursements and/or payments and prevent transactional fraud.

  • To provide you with support and to respond to your enquiries, including to investigate and address your concerns and monitor and improve Our responses.

  • For testing, research, analysis, and product development, including to develop and improve the App, Helpdesk, Claims Portal, and other products, and services.

  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

  • For purposes described to you when collecting your personal information or as otherwise set forth in applicable data privacy laws and regulations, which may include Australia’s Privacy Act of 1988 (together with its promulgated privacy principles, the “A.P.P.”), the General Data Protection Regulation 2016/679 (together with all promulgating laws and regulations, “GDPR”), California Consumer Privacy Act (“CCPA”), and/or the Virginia Consumer Data Protection Act (“VCDPA”). Collectively, the A.P.P., GDPR, CCPA, and VCDPA shall be referred to herein as the “Data Privacy Laws.”

  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Us about Our App, Claims Portal, and/or Helpdesk users is among the assets transferred.

  • To share business intelligence between Our subsidiaries and affiliates.

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

  • If We believe disclosure is necessary or appropriate to protect the rights, property, or safety of Asfalis, Inc., Our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We will not collect additional categories of personal information or use the personal information We collected for materially different, unrelated, or incompatible purposes without providing you notice.

We use location information We collect to confirm satisfaction of location-based eligibility requirements for certain product warranties and/or product performance guarantees and provide users with jurisdictionally appropriate terms and conditions.

We may share your personal information by disclosing it to a third party to enable outsourcing of claims administration/adjudication and/or repair services. We only make such 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. In the preceding twelve (12) months, We have not disclosed personal information to any third party for purposes of outsourcing services.

We do not sell personal information and have not sold personal information within the preceding twelve (12) months.We do not use personal information to conduct automated decision-making, such as profiling.

We may disclose aggregated information about Our users, and information that does not identify any individual or device, without restriction.

Transfer of Personal Information

In the ordinary course of business, We do not transfer personal information outside of the European Economic Area (“EEA”). However, if you request that We provide you with copies of your personal information and you reside outside of the EEA, and/or you request to port your personal information to a location outside of the EEA, such requests will inherently result in a transfer of personal information outside of the EEA.

Retention of Personal Information

We will retain your personal information for the period necessary to fulfill the purposes outlined in this policy, unless a longer retention period is required or permitted by applicable laws, including but not limited to applicable Data Privacy Laws.

Your Rights and Choices

This section summarizes your rights arising under the Data Privacy Laws and explains how to exercise those rights. Depending on your residency, you may have additional rights arising under one or more applicable laws.

  • Right to Information/Right to Know. You have the right to receive information about the categories of information collected about you, the reason for collection, and how We process your personal information. Once We receive your request and confirm your identity, We will disclose to you:

    • The categories of personal information We collected about you.

    • The categories of sources for the personal information We collected about you.

    • Our business or commercial purpose for collecting that personal information.

    • The categories of third parties with whom We share that personal information.

    • · If We disclosed your personal information for a business purpose, a list identifying the personal information categories that each category of recipient obtained.

  • Right of Access. You have the right to obtain from Us confirmation as to whether your personal information is being processed by Us, the location of such processing and the purpose of such processing. Upon request, We will provide you with a copy of your personal information, free of charge, in a commonly used, electronic format.

  • Right to Portability. You have the right to receive a copy of your personal information in a commonly used, machine readable format, and to request to have your personal information transferred to any other party. Once We receive your request and confirm your identity, We will provide you with the specific pieces of personal information We collected about you in an approved electronic format.

  • Right to be Forgotten/Right to Delete. You have the right to have your personal information erased, no longer processed, and cessation of all dissemination of your personal information to third parties. Once We receive your request and confirm your identity, We will delete your personal information from Our records, subject to any applicable legal exception(s). NOTICE: We cannot delete your personal information without also deleting all records of your product warranty and/or product performance guarantee registration. Accordingly, your exercise of your right to be forgotten will automatically void any active registration associated with the deleted personal information.

  • Right to Object. You have the right to object to the processing of your personal information and to direct marketing. Once We receive your request and confirm your identity, We will suspend the processing of your personal information to the extent required by law.

  • Right to Correction. You have the right to have inaccurate and/or incomplete personal information corrected. Once We receive your request and confirm your identity, We will correct any confirmed errors. We may not accommodate a request to change information if We believe the change would violate any law or legal requirement or cause the information to be incorrect.

  • Right to Withdraw Consent. You have the right to withdraw your consent to the processing of your personal information. Once We receive your request and confirm your identity, We will suspend the processing of your personal information.

  • Right to Restrict. You have the right to restrict the processing of your personal information under certain circumstances, including but not limited to instances when you contest the accuracy of your personal information or the lawfulness of the processing of your personal information. Once We receive your request and confirm your identity, We will suspend the processing of your personal information to the extent required by applicable law.

  • Right to Object to Automated Decision-Making. You have the right to object to automated decision-making, including profiling through the processing of personal information for the purpose of evaluating and/or making predictions about you based on a series of statistical deductions.

  • Right to Non-Discrimination. You have the right not to receive discriminatory treatment by Us for the exercise of your privacy rights. Unless permitted by applicable Data Privacy Laws, We will not deny you services, charge you different prices or rates, or provide you with a different level of service as a result of exercising your rights herein; provided however, as otherwise noted herein, the exercise of your right to be forgotten/right to delete will result in the deletion of associated registration records and We will not be able to process any subsequent product warranty and/or product performance guarantee claim(s) associated with said registration records.

To exercise one or more of the above-enumerated rights, or to make any related enquiry, please submit a request by either:

Only you, or someone legally authorized to act on your behalf, may make such a request related to your personal information. You may also make such a request on behalf of your child.

Your request to know or delete must provide sufficient information that allows Us to reasonably verify you are the person about whom We collected personal information or an authorized representative. Any agent purporting to make a request on your behalf must provide sufficient information that allows Us to reasonably verify the agent is authorized to act on your behalf, which may include a written, signed authorization from you. We will only use personal information provided in the request to verify the requestor's identity or authority to make it. You must also describe your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it. You do not need to create an account with Us to submit a request.

We cannot respond to your request or provide you with personal information if We cannot verify your identity or authority to make the request and confirm the personal information relates to you.

We will confirm receipt of your request within ten (10) calendar days. We endeavor to substantively respond to a verifiable consumer request within thirty (30) calendar days of its receipt. If We require more time (up to another sixty (60) days), We will inform you of the reason and extension period in writing. 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. 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.

Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device's location through the device's privacy settings. If you block the use of location information, some parts of the App may become inaccessible or prevent Us from providing you with jurisdictionally appropriate terms and conditions for your product warranty and/or product performance guarantee.

Cookies and Other Tracking Technologies

Technologies and Information Collected. As you navigate through and interact with the Helpdesk and/or Claims Portal, We and Our service providers automatically collect information about your use of and access to these sites. We collect this information through a variety of tracking technologies, including cookies (or ‘browser cookies’), Flash objects, web beacons (also called pixel tags), [embedded scripts, location-identifying technologies,] and similar technology (collectively, “Tracking Technologies”). Information We collect automatically about you [will not be][may be] combined with other personal information We collect directly. The information collected in this manner includes:

  • Details of your visits to the Helpdesk and/or Claims Portal, including [traffic data,] [location data,] [logs] and other communication data and the resources that you access and use on the sites.

  • Information about your computer, tablet, smartphone or other device you use, such as your IP address, internet service provider, operating system, browser type, device type/model/manufacturer, date and time stamp, and a unique ID that allows us to uniquely identify your browser, device or account.

How We Use Tracking Technologies. We use these Tracking Technologies for the Purposes described above.

Your Choices Regarding ‘Cookies’: If you prefer not to accept cookies, most browsers will allow you to manage cookies in your browser settings to disable or block cookies, remove existing cookies, automatically accept cookies or to notify you when you receive a cookie. Options available may vary by browser. However, if you disable, modify, or reject cookies, some parts or functionalities of the Helpdesk and/or Claims Portal may be inaccessible or not function properly. For example, disabling cookies may require you to repeatedly enter information to access services.

Data Security & Breach Reporting

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All personal information is stored on secure servers and encrypted both at rest and in transit.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although We do Our best to protect your personal information, We cannot guarantee the security of your personal information transmitted through the App, Helpdesk or Claims Portal. To the extent permitted by applicable laws, any transmission of personal information is at your own risk, and you release Us of all responsibility for circumvention of any privacy settings or security measures We provide.

In the event of a data breach, the Company will, whenever possible, within seventy-two (72) hours after having become aware of the breach, notify the data subject and any required governmental authority of said breach, unless the breach is unlikely to result in a risk to the rights and freedoms of natural persons.

Changes to This Policy

We may update this policy from time to time. If We make material changes to how We treat Our users' personal information, [We will send you an e-mail notification concerning updates to the policy, ]We will post a revised policy with a notice on the Helpdesk and Claims Portal sites that the policy has been updated[, as well as notice through an in-App alert]. You are responsible for periodically visiting this policy to check for any changes.

The date the policy was last revised is identified at the top of the page.

Contact Information

If you have any questions or comments about this policy, the ways in which Asfalis, Inc. collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under any applicable Data Privacy Law, please do not hesitate to contact Us at:

If you need to access this policy in an alternative format due to having a disability, please contact Our Data Protection Leader at [dataprivacy@asfalis.com].

GDPR National Supervisory Authority

You may file a complaint with the national supervisory authority, Ireland’s Data Protection Commission, by emailing info@dataprotection.ie or by visiting https://www.dataprotection.ie.