Additional Rights and Disclosures for Virginia Residents

HOW TO MAKE A REQUEST

You may make a request pertaining to Your Rights by emailing customercare@thecarclubtx.com. When you make a request, we will take steps to verify your identity before responding. This is to protect your information. We will ask you to provide us your email and physical address. If you maintain an account with us, these must match the addresses connected to your account. We will then send you a physical letter to this address with a one-time code. You must email us this code from the email address you provided. Once you do, we will respond to your request. You will not be required to create an account to make a request. 

HOW TO APPEAL A DECISION PERTAINING TO A REQUEST 

Should we deem it necessary to refuse a request, our response will include our reason as well as instructions to appeal the decision. Per VA Law, you will need to appeal within a “reasonable period of time“ after receipt of the decision. Within 60 days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal. If the appeal is denied, you may contact the VA Attorney General to submit a complaint. 

YOUR RIGHTS 

Our goal is to serve you. We know you want to control your data and you have the right to do so. Here is a list of the rights you have as a resident of Virginia: • You can ask whether or not we are processing your personal data and ask for a copy of your data or info about what we collect, why and who we share it with • You can ask us to correct your data or to delete some of it • You can ask us to transfer data you gave us to other companies • You can ask to opt-out of the processing of your personal data pertaining to targeted advertising; the sale of personal data; profiling in furtherance of decisions that produce legal or similarly significant effects concerning you (see below for more information on your right to opt-out). 

RIGHT TO OPT OUT 

If you are a Virginia resident, you have the right to opt out of the “sale” of your personal information to “third parties” Sale is defined very broadly. The law defines “sale” more broadly than you might think. It doesn’t just include the exchange of data for money. Instead, it covers any transfer of personal information to a “third party” in exchange for “monetary consideration” We do not transfer your information to third parties in exchange for money and we will not do so. However, we do transfer personal information to certain third parties in order to operate our business (for example, to market our products and services). It is possible that someone could claim that this transfer was in exchange for “monetary consideration.” We want to be careful with and respectful of your information. Therefore, if you opt out, we will not transfer your information to any “third party” except as explained below (and allowed by law). 

Opting out may have impacts you don’t expect. Any transfer of data to a “third party” may be considered a “sale” of data. The law considers any other business a “third party” unless that business agrees to specific contractual provisions, aligning with the role and responsibilities of “processor” under Virginia Law. We try to get all of the businesses to whom we send information to accept the role of “processor” and agree to the respective responsibilities in our contract. But not everyone will or can agree to those terms. As a result, if you opt out of the “sale” of data, we will not be able to send data to some of our business partners. That may mean that, after you opt out, you may not receive all of the marketing and other information you are accustomed to receiving from us. In the extreme, if one of our critical partners cannot agree to the special contract language, and is considered a “third party”, it is possible that some features of our web site or other services may not work for you after you opt out.

In addition, if you opt-out, we may alert you if a transaction requires a transfer to a third party so that you can opt in if you would like to continue with the transaction. 

Minors. We do not “sell” the data of people under 16, and do not intend to collect data related to people who are under 13. Exceptions to the opt out. The law creates several exceptions that are important for you to be aware of.

We are allowed to transfer data to a “processor” even if you opt out. The law does not consider that kind of transfer to be a “sale.” A processor is a business that agrees not to use your information for any purpose other than providing the services specified in our contract. For example, we transfer data to business partners to provide data security and detect fraud. Those businesses are “processors.” Even if you opt out, we will continue to transfer data to our processors. 

We are also allowed to transfer your data to a third party where you direct the transfer or direct us to interact with the third party. For example, if you direct us to use a specific payment method to pay for your order, even if you have opted out, we will still transfer the data necessary to process your order. Collecting information and using it ourselves is not a “sale.” Opting out of the “sale” of your data does not prevent us from continuing to collect and process your personal information. You can learn more about how and why we collect personal information at our Notice of Collection. The “opt out” only applies to “personal information.” This is information that is or is capable of being linked to you. We use anonymization and pseudonymization to protect privacy. That data is not “personal information” Opting out will not limit our transfer of that data to third parties. 

Technical limitations on opt out. Please note that there are technical limits to our ability to identify data related to you and, if you opt out, to prevent the “sale” of that information to other parties. Where we can reasonably determine that information relates to you and you have opted out, we will not “sell” it to “third parties” (except as allowed by the law). However, we may not be able to determine that information relates to you. In that case, the information may be “sold” to a third party. Opting out is not unsubscribe. *Opting out of the “sale” of personal information will not prevent you from receiving marketing messages from us. If you wish to unsubscribe from our emails, please follow the unsubscribe link in one of our emails. If you wish to unsubscribe from text messages, please follow the unsubscribe process for the program you opted into. 

*Opting-out multiple email addresses. If you want multiple email addresses opted out, you must provide each address to us. This is because we have no reasonable way to use a single address you give us to link to other addresses you may have.

MORE ON PRIVACY. We take the security and privacy of your data very seriously. If you would like to learn more about it, please read our Privacy Policy.