Revised December 16, 2019

At ECP Incorporated (“ECP”), we want you to be fully informed about what information we collect, why we collect it, and what we do with it. Please take a moment to review this Privacy Policy carefully.

Information We Collect About You

We collect information to provide our products and services to you, and to improve them for you and all of our customers, including the following types of information:

• Who you are and how we can contact you;
• Details about your vehicle;
• Details about the purchase of your vehicle (like the seller, price, mileage at sale, purchase price, financing arrangements);
• Date our Product was applied and the price paid for the Product; and
• Details about the warranty and any warranty claims.

We collect information in the following ways:

• Information you give us directly. When you sign up for, or purchase, a product or service from us, we’ll ask you for personal information, like your name, mailing address, email address, telephone number, and information necessary to provide you with the product or service you are purchasing, or when we receive information from you verbally by phone or in writing by email or letter, including when you file a claim.
• Information you give us indirectly. When you complete warranty registration forms, service contract forms, or other ECP forms provided by car, marine and powersports dealers, we receive the information you have provided.
• Information we receive from companies that help us provide you with products and services. We receive information from third parties we hire to examine your vehicle and report back to us in relation to warranty or service contact claims you might make and from repair shops that perform repairs at our expense in relation to claims you have made with us.
• Information we receive from our business partners and associates. We receive information from business partners and associates in accordance with the consent you have provided them.

How We Use Information We Collect

We use the information we collect to provide, maintain, protect and improve our products and services, to develop new products and services, and to protect us and our customers. For example, we use the information to:

• Process and administer the limited warranty associated with our appearance protection product;
• Process and administer your service contract;
• Provide the products and services you request (fulfillment of requests for additional consumer kits, warranty transfers to subsequent owners, etc.), or to otherwise operate our business;
• Evaluate the effectiveness of our customer responsiveness and improve our products and services (complaint management system);
• Respond to your questions or inquiries;
• Carry out other purposes that are disclosed to you and to which you have consented; and comply with legal or regulatory requirements (For example, we are required by law in several states to retain a registration record for each warranty issued in connection with a protection product purchase for the term of the warranty, and for a specified time thereafter).

We will ask for your consent before using information for a purpose other than the types of purposes described in this Privacy Policy.

Information We Share

We do not sell your personal information. We also do not share information with third parties for marketing purposes, and we do not use information internally for marketing purposes.

We may disclose your information to service providers, business partners, and associates who help us to provide our products and services, including, but not limited to:

• Third Party Ancillary Product Providers;
• Third Party Vehicle Damage Appraisers;
• Third Party Repair Facilities;
• Agents and Distributors of ECP;
• Motor Vehicle Dealerships;
• And other services providers and business partners and associates.

We need to share information with our service providers, business partners, and associates in order to ensure the proper registration of contracts, to administer claims, and to process requests for contract cancellations, and general financial management, control and collection. We share only the information necessary to achieve the purpose for which we are sharing the information. We may also disclose information:

• In accordance with your express instructions or consent, or the express instructions or consent of your authorized representative;
• To carry out transactions requested by you;
• To collect or compile information from or about you with our service providers, business partners and associates for the purposes of facilitating the provision of their products and/or services to you;
• For invoicing and debt collection purposes;
• To troubleshoot warranty registration issues;
• To investigate consumer complaints;
• To notify selling dealers that a claim has been paid to one of their customers;
• To attorneys for the purpose of resolving consumer complaints or litigation, whether actual or anticipated;
• If we believe that it is reasonably necessary to comply with legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirements of any governmental or regulatory authority;
• If it would potentially lessen our liability in an actual or potential lawsuit or investigation, or to conduct investigations of possible breaches of law or agreements;
• To bring legal action against someone who may be violating an agreement they have with us; or,
• If it is necessary to protect our or others’ rights or property.

We have entered into contractual agreements with our service providers, business partners and associates to require them to protect the information we provide to them.

We reserve the right to transfer any information we have about you in the event that we merge with or are acquired by a third party, or should any such transaction be proposed.

Information Security

We maintain physical, electronic, and organizational safeguards to protect the information we have collected. [“Information” or “Personal information”] may only be accessed by persons within our organization, or our third party service providers, or business partners and associates, who require such access to carry out the purposes indicated in this policy, or otherwise disclosed to you. Personal information we collect is maintained at our corporate headquarters in Woodridge, IL, USA. We review our policies and practices and make adjustments as necessary to ensure the safety of this information.

Retention of Information

ECP has established internal policies for the retention of customer data for as long as reasonably necessary to fulfill the purposes for which it is collected or to meet legal requirements, including warranty and service contract registrations, claims history, and related information. Your information will be retained for at least the period of time designated in our data retention policy. We are also required by law in some jurisdictions to retain information about you for a specified period of time. When we dispose of your data, we will do so in a way that prevents it from being disclosed to unauthorized parties.

Children

Our services are not directed at minors or intended to be used by minors. Do not send any information about yourself to us if you are under the age of majority in your jurisdiction. In addition, if we learn that a person under the age of majority in his or her jurisdiction has submitted information to us, we will attempt to delete this information. If you have reason to believe that we may have accidentally received information from a person under the age of majority in his or her jurisdiction, please contact us immediately at ecp_compliance@ecpinc.net.

International Customers

By purchasing our products, using our services, or providing your information to us, you consent to the transfer of your personal information to the United States, and our handling of your information in accordance with applicable U.S. requirements, which may differ from those in the jurisdiction in which you live. As a result, this information may be subject to access requests from governments, courts, or law enforcement in the United States according to its laws.

Canadian Customers

Access and Rectification

You have a right to request access to your personal information and to request a correction to it if you believe it is inaccurate. If you have submitted personal information to us and would like to have access to it, or if you would like to have it removed or corrected, please contact us using the contact information provided below. We will use reasonable efforts to comply with your request. However, in some cases, we may not be able to allow you to access personal information in certain circumstances, for example if it contains personal information of other persons, or for legal reasons. In such cases, we will provide you with a reasonable explanation of why it is not possible to grant access to your personal information.

California Consumer Privacy Act – for California Consumers

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Statement of ECP Incorporated and its subsidiaries (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

• A. Identifiers.
  • Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
  • Collected: YES
• B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
  • Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
  • Collected: YES
• C. Protected classification characteristics under California or federal law.
  • Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
  • Collected: YES
• D. Commercial information.
  • Examples: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  • Collected: YES
• E. Biometric information.
  • Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
  • Collected: NO
• F. Internet or other similar network activity.
  • Examples: Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
  • Collected: NO
• G. Geolocation data.
  • Examples: Physical location or movements.
  • Collected: NO
• H. Sensory data.
  • Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
  • Collected: NO
• I. Professional or employment-related information.
  • Examples: Current or past job history or performance evaluations.
  • Collected: YES
• J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
  • Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
  • Collected: NO
• K. Inferences drawn from other personal information.
  • Examples: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
  • Collected: NO

Personal information does not include:

• Publicly available information from government records
• De-identified or aggregated consumer information.
• Information excluded from the CCPA’s scope, like:
  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following sources:

• Information you give us directly. When you sign up for, or purchase, a product or service from us, we’ll ask you for personal information, like your name, mailing address, email address, telephone number, and information necessary to provide you with the product or service you are purchasing, or when we receive information from you verbally by phone or in writing by email or letter, including when you file a claim.
• Information you give us indirectly. When you complete warranty registration forms, service contract forms, or other ECP forms provided by car, marine and powersports dealers, we receive the information you have provided.
• Information we receive from companies that help us provide you with products and services. We receive information from third parties we hire to examine your vehicle and report back to us in relation to warranty or service contact claims you might make and from repair shops that perform repairs at our expense in relation to claims you have made with us.
• Information we receive from our business partners and associates. We receive information from business partners and associates in accordance with the consent you have provided them.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

• Process and administer the limited warranty associated with our appearance protection product;
• Process and administer your service contract;
• Provide the products and services you request (fulfillment of requests for additional consumer kits, warranty transfers to subsequent owners, etc.), or to otherwise operate our business;
• Evaluate the effectiveness of our customer responsiveness and improve our products and services (complaint management system);
• Respond to your questions or inquiries;
• Carry out other purposes that are disclosed to you and to which you have consented; and comply with legal or regulatory requirements (For example, we are required by law in several states to retain a registration record for each warranty issued in connection with a protection product purchase for the term of the warranty, and for a specified time thereafter).
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• 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 is among the assets transferred.

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.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category D: Commercial Information.

Category I: Professional or employment-related information.

We disclose your personal information for a business purpose to the following categories of third parties:

• Our affiliates.
• Service providers.
• Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to

In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, 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 or selling that personal information. The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • Sales, identifying the personal information categories that each category of recipient purchased; and
  • Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such
3. Debug products to identify and repair errors that impair existing intended
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code 1546 seq.).
6. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with
7. Comply with a legal
8. Make other internal and lawful uses of that information that are compatible with the context in which you provided

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Calling us at 800-323-3521.
• Emailing us at ecp_compliance@ecpinc.net.

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

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. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, 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 the verifiable consumer request’s receipt. 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.

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.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or

Changes to this Privacy Policy by ECP

ECP reserves the right to change or modify this Privacy Policy at any time and in our sole discretion, and we will post the new Privacy Policy on our website at www.ecpinc.net on or in advance of the date it becomes effective. You agree to the new Privacy Policy by your continued access to and/or use of our site and/or your continued use of our products and/or services after any such changes. Please periodically review this privacy policy so that you know what personal information we collect, how we use it, and with whom we may share it.

Contacting ECP

If you have any questions, comments, or concerns about our information practices or this Privacy Policy, please email us at ecp_compliance@ecpinc.net or write to our Director of Compliance at:

ECP Incorporated
Compliance Department
11210 Katherine’s Crossing, Suite 100
Woodridge, IL 60517