Important Notice Concerning Customer Privacy

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Effective Date: December 29, 2022

Agero, Inc. and its subsidiaries (including, Cross Country Motor Club, Inc., Cross Country Motor Club of California, Inc., Agero Services Corp., Agero Administrative Service Corp., Road America Motor Club and SwoopMe, Inc.) (collectively, “Agero”) have been providing quality services, benefits and programs to our clients, their customers, and our customers for over 50 years. We value the trust that our clients, their customers and our customers place in us. In turn, we guard that trust by respecting the privacy of all of our clients, their customers and our customers, particularly as it relates to maintaining the confidentiality of any personal information that we receive. The terms "we," "our," and "us" in this Privacy Policy refer to Agero. This Privacy Policy explains the types of personal information we collect through this website and by other means in connection with the provision of services to consumers (“Services”), how we use it, and the circumstances under which we may disclose it.

This Privacy Policy is provided on behalf of Agero and applies to any information that we receive about consumers in the provision of our Services, whether through mailings, telephone, email or other communications, or through our websites, applications or other electronic channels (collectively, our “Applications”), unless a separate privacy policy is provided in conjunction with such Application.

Your use of our Applications shall be conclusively deemed acceptance of this Privacy Policy. If you do not agree to these terms, please do not use our Applications to submit your information.

NOTICE FOR CALIFORNIA & VIRGINIA RESIDENTS: Additionally, this Privacy Policy is supplemented by the Supplemental Privacy Notice for California and Virginia Residents located here. California and Virginia residents should visit the Agero Supplemental Privacy Notice for California and Virginia Residents for information regarding our privacy practices and rights provided to residents of those states. 

Information We Collect
Personal information is captured when you access our Services or contact us through our Applications, by email or telephone. The information that we receive and collect depends in part on how you contact us and the reason for you to contact us. For example, you may provide us with information, such as your name, address, e-mail address, phone number, relevant vehicle identification information, precise geolocation information, and other similar information (i) by calling or electronically accessing one of our call centers to request Services or make inquiries, or (ii) by the submission of your information through written or electronic forms you complete, or products and Services you request (this includes your purchase of a retail motor club membership or your purchase of on-demand Services at the time of your vehicle’s disablement). We will limit the information we collect about you to what is necessary to administer our business, provide superior service, offer opportunities that we think would be of benefit to our Clients and customers, improve the customer experience of our Applications, and ensure technological compatibility with your computer, smartphone, tablet, or other electronic or mobile device (collectively, "Device"). You have choices about the personal information we collect. When you are asked to provide personal information, you may decline. However, if you choose not to provide information that is necessary to provide products or Services, you may not be able to use some of our products or Services.

Automatically Collected Information
Every time you visit our Applications or contact us, some information is automatically collected about you. This information may include, but is not limited to, some or all of the following items: the specific pages, buttons, images, videos, links, or forms that you access on the Application; your Device’s unique device identifier, the type and version of Internet browser software and operating system you use and your Internet service provider; date, time, and duration of your website visit; your IP address; your domain; type of Device; your Device’s mobile operating system, mobile network provider, and mobile phone number; the location of your Device, and demographic information concerning the country of origin of your Device and the languages it uses.

Online Tracking
This website does not respond to web browser “do not track” signals or other similar mechanisms regarding the collection of personal information.

Information Collected via Cookies
When you visit our Applications or use our Services, we may collect and track information (including personal information) on your Device using mechanisms such as cookies. Cookies are small text files that are placed on your Device to allow us to recognize and distinguish you from other visitors to this website. Using cookies is a standard practice for websites to collect or track information about your activities while using a website. We and our third party service providers may place cookies or similar files on your Device for many of the reasons listed in this Privacy Policy, including to improve your experience while using our Applications. Most people do not know that cookies are being placed on their Devices when they visit websites because browsers are typically set to accept cookies. You can choose to have your browser warn you every time a cookie is being sent to you or you can choose not to accept cookies. You can also delete cookies from your Device at any time. If you refuse cookies, the functionality of our Applications may be impacted or not function. Since every browser and Device is different, you will need to follow your browser's instructions for disabling or deleting cookies.

Third Party Information Collection
When you use our Applications or use our Services, certain third parties may use automatic information collection technologies to collect information about you or your Device. These third parties may include without limitation, the manufacturer of your Device, the web browser that you use, your mobile network provider and/or your Internet service provider, and Google Analytics. We use Google Analytics to help facilitate the delivery of relevant content. Google Analytics uses cookies to report on user interactions on our and others’ websites. For more information about Google Analytics and how it collects and processes data, please visit here. Instructions on opting out of Google Analytics using a specific plug-in is available here. Note that this opt-out is specific to Google activities and does not affect the activities of other ad networks or analytics providers that we may use.

How we use and disclose your information
Most of the information we collect is used to help deliver the Services that our clients and customers request. It also may permit us to design and offer specific products and Services that will be useful to our clients, our clients’ customers, and our customers, or that provide benefits, additional value or discounts. From time to time, we may dislose or transfer personal information that personally identifies you to Agero affiliates and to other non-affiliated entities including in the following manner:

  • As may be required to deliver the requested Services including sharing selected information with third parties that provide services that include, without limitation, emergency towing and roadside assistance, public emergency and first response services, vehicle repair, vehicle transport, call center services, customer support, payment processing, cloud computing and communications, data analytics, document and records management, data backup and recovery, digital communications, and membership discount benefits;
  • In connection with a corporate merger, consolidation, restructuring, the sale of some or all of our equity and/or assets, or other corporate change of control, including during the course of any due diligence process related to such corporate change;
  • In response to judicial proceeding, subpoena, court order or other legal process;
  • To comply with legal, regulatory or administrative requirements of governmental authorities;
  • To protect the rights or property of Agero, our clients, suppliers or customers, and to enforce the provisions of our terms or policies, in cases of customer fraud or disputes, and/or to prevent harm to you or others;
  • As disclosed in other applicable policies, terms of use, or other agreements;
  • For marketing and other business purposes; or
  • As permitted or required by law or as authorized by you.

(a) Some of our services may rely upon precise geolocation information, including requests to locate a customer to provide emergency towing and/or roadside assistance Services. To provide such Services, we (and our affiliates, clients and partners) may transmit, collect, maintain, process and use your location data, including the real-time geographic location of your Device. Your request for services through one of our Applications, by phone or other electronic means constitutes your consent for us (and our affiliates, clients and partners) to transmit, collect, maintain, process and use of your precise geolocation information (including the location of your Device) to provide you with such Services. For service providers, we may collect precise geolocation of your Device or vehicle if you have enabled tracking through a dispatch application.  The precise geolocation information is collected in a form that personally identifies you and/or your vehicle. It is only used for this limited purpose.

(b) You agree that we may collect and use technical and related information, including but not limited to information about your Device, system, application software, peripherals, and other similar information that is gathered periodically to facilitate the provision of software updates, product support and other Services to you (if any) related to our Applications. We may also use this information to operate and improve our Applications, our products and/or Services or to provide better services or technologies to you moving forward; to create aggregated and anonymized information to determine which Application features are most popular, useful to users, and for other statistical analysis; and to customize the content or services in our Applications for you, or the communications sent to you through our Applications.

(c) You acknowledge and agree that communications, including phone calls or “chat” Services, with Agero or its third-party agents may be monitored, recorded and retained by Agero. You consent to the monitoring and recording communications of all conversations between you and Agero and you release us from and against any and all claims, liabilities and losses that may result from any such monitored and/or recorded communications. Please discontinue use of our Applications if you do not consent to these practices.

(d) Submitting your telephone number (including a mobile phone number) and email address constitute your express consent for Agero to contact you via such telephone or email address either through a direct call, automated dialer, interactive voice response, SMS text message or email (i) in response to your inquiries, (ii) in connection with the Services requested, (iii) to confirm customer satisfaction, (iv) to inform you of updated features and Services, and (v) to manage your account. Please note that you are not required to provide this consent to make a purchase from us. You may cancel (opt-out) of receiving future email and/or text message communications from us at any time by following the instructions to unsubscribe provided at the bottom of an email sent to you and/or by replying to a text message sent to you with a reply text message containing the word STOP.

Our definition of personal information does not include "aggregate" information. Aggregate information is data we collect about a group or category of products, Services or customers, from which individual customer identities have been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service, but no personal information will be included in the resulting data. Likewise, information about the products you purchase may be collected and combined with information about the products purchased by others. Aggregate data helps us understand trends and customer needs so that we can better consider new products and Services, and tailor existing products and Services to customer desires. We may disclose to third parties aggregated information about our users, such as aggregated user statistics and log data and other information that does not identify any individual or Device, without restriction.

Retention
We will retain your personal information for as long as needed to fulfill the purpose for which it is collected and to comply with our legal obligations, resolve disputes, and enforce our agreements.

Security
The information we collect is stored within our databases on cloud-based servers (we may elect at any time to transfer to servers stored within our facilities), with the use of standard, industry-wide, commercially reasonable security practices designed to help us protect your information. While such security standards are used, please understand that no data transmissions over the Internet can be guaranteed to be 100% secure due to the inherent risks of data transmission over the Internet. We cannot guarantee the security of our databases, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over wireless communication, and any information you transmit to Agero you do at your own risk.
 
Keep Passwords Private
If you register with our Applications, you are responsible for maintaining the security of your password at all times. You are responsible for activity occurring while logged into your account.

Links
Our Applications may contain links to and from other websites. Agero makes no representations whatsoever about any other websites that you may have accessed our Applications from or may access through our Applications. Agero is not responsible for the privacy practices or content of those websites and Agero expressly disavows any liability whatsoever for use of such websites. It is up to you to take precautions to ensure that whatever you select for your use is free of items of a destructive nature. To better protect your privacy, we recommend that you review the privacy policy of any third party website you visit.

Notice to Persons Accessing this Website Outside the United States
If you reside outside the U.S., any information you provide to us on the Applications will be transferred out of your country and into the U.S. or any other country in which Agero or its affiliates, subsidiaries or service providers maintain facilities, in accordance with the terms of this Privacy Policy. For example, where personal information is transferred from the European Economic Area to areas which have not been determined to have an adequate level of protection, we take measures designed to transfer the information in accordance with lawful requirements. If you do not want your personal information to leave your country, do not provide the information to us. By providing personal information to us, you explicitly consent to the transfer of your information to the U.S. or any other country in which Agero or its affiliates, subsidiaries or service providers maintain facilities, which may not offer the same level of data protection as the country where you reside.

Notice to California and Virginia Residents
If you are a California or Virginia resident, please see Agero Supplemental Privacy Notice for California and Virginia Residents for more information on your privacy rights.

Notice to EU Residents / Privacy Shield Policy
If you are a resident of the European Union, please see the Privacy Shield Policy for more information on your privacy rights.

Use of this Website by Children
We encourage parents to take an active interest in their children's use of the Internet. We do not intend to collect information from children who are under 16 years of age. If we discover that we have collected personal information from a person under 16, we will delete that information immediately. If you are under 16, you should not be using our Applications.

Changes to this Privacy Policy
Please note that we will periodically make changes to our privacy policy and we reserve the right to change this Privacy Policy at any time. We will alert you that changes have been made by indicating at the top of the privacy policy the date it was last updated. It is your responsibility to review this Privacy Policy frequently and remain informed about any changes to it, so we encourage you to visit this page often. This Privacy Policy takes precedence over any previous privacy notices that we have issued related to our website and your continued use of our website constitutes your acceptance of any amendments to and the most recent version of this Privacy Policy.

Questions, Corrections and Removal
Please contact us at the address or toll-free number below with questions concerning our Privacy Policy, to update or correct your information provided to us, or to remove you from promotional mailing or e-mail lists. Please include enough information so we can understand your request and contact you. Requests will be processed as soon as practical.

Postal Address: 
Agero/Swoop,
PO BOX 9105,
Medford, MA 02155,
Attention: Legal/Consumer Privacy Inquiries Mailbox.

Email: consumerprivacyinquiries@agero.com.

Toll-Free Number: 1-833-983-1112

Cross Country Motor Club, Inc., Cross Country Motor Club of California, Inc., Agero Services Corp., Agero Administrative Service Corp., and SwoopMe, Inc. are subsidiaries of Agero, Inc. ©2022 Agero, Inc. All rights reserved.