Privacy Policy

Your privacy is very important to us (“Company” or “Terrible Herbst”) and our research partner, Service Management Group, Inc. We want you to participate in our online survey with complete confidence that your privacy will be respected. This privacy statement explains our online privacy practices and is effective as of February, 2014.

Information We Collect

To complete this survey, our research partner will collect information which may include personal information (such as your name or email address), transaction information (such as information from a store receipt), as well as your survey responses.

We also automatically collect information about your computer (IP address and domain), your Internet browser and your operating system (system settings), using standard data collection tools, such as cookies, Web beacons and Web server logs, as described in more detail below.

We will not use or disclose your personal information for marketing purposes. We will not, nor will our research partner, contact you unless you expressly request communication or if the contact is necessary to verify the integrity of the survey process.

Use of Your Personal Information

In general, we use all of the information we collect for:

  • Research purposes,
  • Fulfillment of incentives, and
  • Other everyday business purposes, such as customer service, survey integrity management, and Website management.

We use automatically-collected information for Website management to ensure that our surveys operate properly on all computers and to help detect fraud or other inappropriate survey responses. We use aggregated information that does not identify you or your computer for reporting and analytics.

Disclosure of Personal Information

We will not disclose your personal information to anyone unless:

  • The disclosure is needed for fulfillment of an incentive,
  • You request follow-up communication or otherwise expressly consent to the disclosure,
  • The disclosure is to a third party that performs services for us – but we forbid our service providers from using your personal information for their own purposes,
  • The disclosure is required by law (such as in response to a subpoena) or needed for fraud prevention, survey integrity management, enforcement of legal rights or similar purposes, or
  • The disclosure is in connection with a transfer of assets of our business.

Participating in this survey is voluntary. If you have any concerns about the information collection practices, please refrain from completing the survey and contact us at the address below.

User-Posted Content

By posting, submitting or uploading any content on the Website, including, without limitation, customer testimonials as to oil change service (“User Content”) you automatically grant (or warrant that the owner of such rights has expressly granted) Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to reproduce, modify, adapt, publish, publicly perform, translate, sub-license, create derivative works from, exploit, distribute and otherwise use such materials or incorporate such User Content in or in connection with the Website and/or the marketing, advertising or promotion of Company and/or its products or services by or in any other media or technology now known or later developed throughout the universe in perpetuity. In addition, by submitting your User Content, you represent and warrant as follows: (i) the User Content is wholly original with you, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (ii) the User Content does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (iii) the User Content does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. You hereby agree to indemnify and hold the “Company Entities” (as defined below) harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements made hereunder.

Copyright Notice

If you believe that any User Content appearing on the Website has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

  1. Your name, address, telephone number, and email address;
  2. A description of the copyrighted work that you claim has been infringed;
  3. The exact URL or a description of where the alleged infringing material is located;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent

@ 2014, Valvoline Instant Oil Change

By this filing, Company seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 U.S.C Section 512(c) or elsewhere in the law.

Browser Cookies

Like many websites, we may use browser “cookies”. Cookies are a website’s way of remembering who you are. A cookie is a small text file that is stored on your computer’s hard drive or stored temporarily in your computer’s memory. There are two kinds of cookies: those that are “session” oriented and those that are “persistent”. Session cookies delete from your computer when you close your browser. Persistent cookies retain information for later use tomorrow, next week, next month, or whenever they are set to expire. We use cookies to help us to identify account holders and to optimize their experience during our survey. Also, we will use cookies to monitor and maintain information about your participation in this survey. Most web browsers accept cookies automatically. You can delete cookies manually or set your browser to automatically delete cookies on a pre-determined schedule. For example, in the Internet Explorer menu bar, select: Tools ➤ Internet Options ➤ Browsing History ➤ Delete to view manual and automatic options. If you decline to accept cookies, you may not be able to take advantage of or participate in certain features of this survey.

Web Beacons

Our web pages or e-mail messages may contain a small graphic image called a web beacon, which is sometimes also called a "clear gif", that allows us to monitor and collect certain limited information about our users, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small or invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. We may use web beacons to count visitors to our web pages or to monitor how our users navigate our website, and we may include web beacons in e-mail messages in order to count how many of the messages we sent were actually opened or acted upon. We use web beacons to compile aggregate statistics about our survey and our marketing campaigns.

Use Of IP Addresses

An IP address is a number that is assigned to your computer or network when you are linked to the Internet. When you request pages from this survey, our servers log your IP address. We may use IP address for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit the use of the survey. We may associate your IP address with the personal information you provide.

Notice to California Residents/Your California Privacy Rights

California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year (e.g., requests made in 2014 will receive information about 2013 sharing activities). To make such a request, send a request to the address listed below including your full name, e-mail address, and postal address in your message. Please note that under California law, businesses are only required to respond to a customer request once during any calendar year. Our Website does not recognize browser “Do Not Track” signals, and does not engage in any behavioral advertising.

Information Security

We have implemented reasonable technical, physical and administrative safeguards to help protect your personal information against unauthorized access or loss.

International Transfers

This Website is operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us may be transferred to the United States or other countries in which our businesses are located. We will use reasonable means to protect the personal data we transfer in all locations. By providing any information to us, all users, including, without limitation, users in the member states of the European Union, Canada or elsewhere outside of the United States, fully understand and unambiguously consent to this Privacy Policy. By using completing our survey, participating in any of our services and/or providing us with your information, you consent and agree to the collection, transfer, storage and processing of your information to and in the United States.

Privacy Statement Changes

We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this Privacy Policy, in whole or in part, at any time. When we amend this Privacy Policy, we will revise the “last updated” date located at the top of this Privacy Policy. For changes to this Privacy Policy that we consider to be material, we will place a notice on the Company website located at www.oilcanhenrys.com by revising the link to read substantially as “Updated Privacy Policy” for a reasonable amount of time. If you provide information to us or access or use the Website in any way after this Privacy Policy has been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of this Privacy Policy will be available on the Website and will supersede all previous versions of this Privacy Policy.

Choice of Law

This Privacy Policy, including all revisions and amendments thereto, is governed by the internal laws of the United States, State of Kentucky, without regard to its conflict or choice of law principles which would require application of the laws of another jurisdiction.

Arbitration

By using this Website in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of Company, our service partner and each of our respective parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the “Company Entities”) arising out of, relating to, or connected in any way with the Website, the survey or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Lexington, Kentucky; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this Privacy Policy and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Website; (5) the arbitrator shall apply Kentucky law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Company Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Company Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Company Entity exceed $125 USD, and your are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Company agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Company shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

Questions

If you have any questions about this privacy statement or this survey, please contact: SMG Privacy Office, 1737 McGee, Kansas City, MO, 64108.

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