Privacy Policy

Last Updated: August 23, 2023

This Privacy Policy ("Privacy Policy"), as updated from time to time, supplements and its term and conditions are subject to MechanicWeb's Terms of Service ("TOS"), by and between MechanicWeb and Customer, which are incorporated herein by this reference, and explains how and what data MechanicWeb collects and how MechanicWeb uses Personal Data (as defined herein). This Privacy Policy also describes options MechanicWeb makes available for Customer to access, modify or otherwise take control of Personal Data that MechanicWeb or its sub-processors process. Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the TOS.

By continuing to visit or use the Websites and any webpage(s) within the Websites, each User acknowledges and agrees to this Privacy Policy and further agrees to abide by the terms of the TOS, Data Processing Agreement ("DPA"), Cookie Policy ("Cookie Policy"), and/or any other terms and policies posted on the Website.

1. Information MechanicWeb Collects

   MechanicWeb collects the following information, including, but not limited to:

   1. Personal Data
      Information that can be used to directly or indirectly identify Customer, including, but not limited to, Name, Company Name (if applicable), Address(es), Phone Number(s), Birth Date, Email Address(es), IP Address(es), Identifiable Trackers, Billing Information, Credit Card and Other Financial Information (collectively, "Personal Data").
   2. Interaction
      Emails sent to MechanicWeb by Customer, interactions through the Websites, Services, Messaging, Chat, official social media platforms, Client Area, and support ticket system.
   3. Non-Personal Data
      MechanicWeb and its third-party vendors or partners may collect information about Customer's browsing activities that is not considered Personal Data through Customer's use of the Websites and Services, including, but not limited to, browser information, computer type, operating system, internet service providers, website usage, search history, new or returning user information, referring/exit pages, platform type, date/time stamp, advertisements viewed, number of clicks and movements within a webpage, and log files and other similar information relating to Customer's use of Services and Websites, among other non-personal data (collectively, "Non-Personal Data").
   4. Tracking
      MechanicWeb and third parties operating on MechanicWeb's behalf may collect information about Customer's activity, or activity on devices associated with Customer, on the Websites or Services, and third-party websites and applications, and whether or not Customer is logged in or registered or maintains a Customer Account, and may associate this tracking data with a Customer Account, in accordance with this Privacy Policy. Third parties operating on MechanicWeb's behalf may use such data to decide which advertisements a Customer may see or to track the activity on or through the Websites and Services and on or through third-party sites and applications.

2. How Information is Collected

   MechanicWeb collects Personal Data through phone, text, email, paper, and online data entry forms through the Websites or Services, Customer Account, or otherwise when Customer interacts with MechanicWeb in the course of its business operation. MechanicWeb and third parties operating on MechanicWeb's behalf may collect information using tracking and analytical technologies, including, but not limited to, cookies, tags, beacons, chatbots, and other tracking tools. For more details about cookies, tracking technologies, and other similar technologies, visit Cookie Policy.

3. Purpose of Collecting Information

   MechanicWeb minimizes the information collected and limits its use for which MechanicWeb has been permitted to, delivering the Websites or Services, or as required for legal compliance or other lawful purposes. MechanicWeb may use Personal Data including, but not limited to, for the following purposes:

   1. Registration
      To register and manage Customer account, including allowing access to and use of the Services and processing payments or credits.
   2. Delivery of Service
      To process or deliver the Order, service, or support requests, or provide the information requested by Customer, respond to complaints or account inquiries, and administer debt recoveries. Refusal to provide required Personal Data to MechanicWeb may delay or prevent access to the Website and/or providing the Services.
   3. Improve the Websites and Services
      To provide tailored and/or optimized experience, deliver surveys, diagnose problems, identify security risks and errors, and improve usability, operation, and performance of the Website and Services.
   4. Communication
      To communicate with Customer, send invoice reminders, order confirmations, program registrations, and customer service messages; respond to emails or requests for products, services, or information; facilitate communication between Customer and MechanicWeb, its affiliates, or partners; conduct, monitor and record interactions with MechanicWeb, the Websites, and the Services; host reviews, forum posts, photos, videos, and other content; respond to requests, questions, and comments; and process job applications.
   5. Marketing and Analytics
      To notify Customer about promotional programs, offers, and services available from MechanicWeb, its affiliates, or partners, provided Customer has agreed to receive this type of communication and to collect and analyze aggregate statistics about Customer's use of the Websites or the Services.
   6. Legal Compliance
      To comply with relevant laws and legal obligations, respond to legal requests; detect and prevent fraud and abuse of MechanicWeb's systems, Websites, or Services; resolve disputes; prevent harm and protect MechanicWeb's rights; to comply with and enforce any applicable Terms of Service.

4. Sharing of Personal Data

   MechanicWeb may disclose or share Personal Data with any third party for the following purposes:

   1. Render Services and Perform Business Functions
      Personal Data may be shared with third parties to render the Services to Customer, fulfill Customer's service requests, or enable such third parties to perform business functions for and/or provide services to MechanicWeb, provided that such third parties have taken appropriate measures to protect such information by implementing at least the same level of protection ensured in this Privacy Policy.
   2. Comply with Legal Requirements or to Protect MechanicWeb's Interests
      MechanicWeb may share Personal Data if required to do so by law or in the good-faith belief that such action is necessary to cooperate with law enforcement agencies, including, but not limited to, compliance with legal, regulatory and law enforcement requests, as required, via legal processes such as an appropriate court or administrative directive, including a facially valid subpoena, judicial proceedings, court orders, warrants, and preservation requests that we determine in our sole discretion to be legitimate and compliable In such instances, MechanicWeb will cooperate with, and disclose any information about Customer to, including, but not limited to, government and law enforcement agencies, and private parties to enforce and comply with the law or as MechanicWeb, in MechanicWeb's sole discretion, believes necessary to respond to claims and legal process, to protect and/or defend MechanicWeb's property, rights, and interests, protect the safety of MechanicWeb personnel, or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop any activity MechanicWeb considers to be illegal or unethical, among other valid legal reasons. MechanicWeb will take reasonable steps to notify Customer if MechanicWeb is required to provide Customer's Personal Data to third parties as part of the legal process to the extent MechanicWeb is legally permitted to do so.
   3. Breach of the TOS
      We may share Personal Data in the event of a breach of the TOS by Customer, to conform to legal requirements, to comply with legal process served on MechanicWeb, to prevent fraud, to reduce credit risk, to enforce our legal rights, to protect the rights and safety of others, or to assist with industry efforts to control fraud, spam or other undesirable conduct, in MechanicWeb’s sole discretion.
   4. Aggregate Data
      MechanicWeb may share encrypted, anonymized, and aggregate data on Customers to third parties in the operation of MechanicWeb's business. "[Anonymizing] the information" means we strip the information of personally identifiable features. "[Aggregating] the information" means we organize the information in segments (i.e., countries or billing terms).

5. Sharing of Non-Personal Data

   MechanicWeb may share Non-Personal Data with third parties or permit third parties to use Cookies, tags, or web beacons, to collect additional Non-Personal Data when browsing the Websites or using the Services. Please note that Customer may be subject to the privacy policies of such third parties when selecting links to websites not operated by MechanicWeb.

6. Manage Sharing of Personal Data

   Customer can access, view, or update Personal Data at any time by signing into Customer's Account via the Client Area. Customer has the right to limit, deny or restrict MechanicWeb's ability to share or use Personal Data for materially different purposes from the purpose for which it was initially collected or permitted. Customer may also issue a notice to limit sharing of Personal Data by contacting MechanicWeb. In the absence of any such notice, Customer grants explicit permission to share Personal Data at MechanicWeb's discretion.

7. Access to Personal Data

   Customer can access, view, or update Personal Data at any time by signing into Customer's Account via the Client Area. Customer may cancel Customer's Account at any time and request to delete Personal Data, in accordance with Section 9 of this Privacy Policy. MechanicWeb will take reasonable measures to correct, amend or delete Personal Data that is processed in violation of applicable law, or inaccurate, or incomplete, as demonstrated by Customer. MechanicWeb will provide Customer with reasonable access to Personal Data upon request. MechanicWeb will not provide access to Personal Data of any Data Subject other than Customer, except as required by applicable law.

8. Data Retention

   MechanicWeb will store Personal Data for no longer than 10 years from receipt, subject to an individual's right to be forgotten at any time. To ensure legal data protection and privacy obligations are met, MechanicWeb may only retain Personal Data for as long as a Customer Account is active, or as otherwise needed to provide Customer with the Websites or Services, and for a reasonable period after deactivation of a Customer Account and/or the Services, where MechanicWeb can lawfully retain Personal Data for audit or legal reasons, to resolve disputes, complaints, or claims, prevent fraud and/or abuse, enforce agreements and/or protect MechanicWeb's legitimate business interests, or as otherwise stated in this Privacy Policy. MechanicWeb will not retain Personal Data for longer than necessary for the purposes set out in this Privacy Policy. Subject to any legal requirement, MechanicWeb will use commercially reasonable efforts to securely delete or anonymize Personal Data if Personal Data is no longer required.

9. Right to be Forgotten

   Customer may request a deletion of Personal Data stored in MechanicWeb's databases by contacting MechanicWeb. In accordance with the Data Processing Agreement, any such request will apply only to the extent that such Personal Data is no longer necessary to render the Services, or for contractual obligations, accessing the Websites, MechanicWeb's legitimate business interests, legal, or record keeping requirements, including, but not limited to the following:

   1. Breach of the TOS
      Personal Data may be retained indefinitely to prevent future use of the Services if a violation of the TOS has occured by Customer.
   2. Fraudulent or Illegal Activity
      Personal Data may be retained indefinitely if fraudulent or otherwise illegal activity is deemed to have occurred, as determined by MechanicWeb or law enforcement agencies, to assist with ongoing investigation and prevention of fraud recurrence.
   3. Access Logs
      Network and/or server access logs may be stored for any duration of time at MechanicWeb's sole discretion.

10. Communication

    MechanicWeb communicates with Customer on different occasions. These communications are classified as follows (collectively, "Communications"):

    1. Essential
       Communication between Customer and MechanicWeb regarding providing Services, servicings support requests, and inquiries relating to the Services.
    2. Service Notifications
       MechanicWeb may send strictly service-related, nonpromotional information and announcements, including, but not limited to, maintenance and/or troubleshooting server-side issues, billing-related issues, and suspension and termination notifications that are relevant to the Services.
    3. Newsletter and Special Promotions
       From time to time and on no particular schedule, MechanicWeb and third parties operating on behalf of MechanicWeb may release newsletters, special offers and promotions, and marketing materials via email. Customers who have provided MechanicWeb a European Union mailing address will not receive unauthorized Commercial Electronic Messages (CEMs) as defined under GDPR unless these individuals have opted-in to receive CEMs. To update subscription preferences, Customer can sign in to the Customer Account.

11. Links to Third-party Websites or Platforms

    Internet websites or platforms linked from the Websites, Services, or MechanicWeb Communications that MechanicWeb does not operate may contain privacy provisions that differ from this Privacy Policy. MechanicWeb encourages Customer to review the privacy statements of such websites or platforms to protect Customer privacy. The conditions indicated in this Privacy Policy apply only to the data collected by MechanicWeb.

12. Customer's Responsibilities

    Customer bears the sole responsibility for maintaining the security and integrity of Customer's login information, including, but not limited to, usernames and passwords, that grant access to personal and private information, including access to the Services and/or Websites. Customer bears the sole responsibility for maintaining the security of the subscribed Services. Customer is responsible for complying with any privacy regulations in jurisdictions where Customer may operate concerning collection, storage, and processing of Personal Data using Customer's subscribed Services. In no event, MechanicWeb shall have any liability arising from Customer's failure to adopt adequate measures for protecting Personal Data stored within or transmitted through the Services.

13. Do Not Track Disclosure

    MechanicWeb supports Do Not Track ("DNT") when a "Do Not Track" signal is sent from a User's web browser, except in areas it is required to provide Service(s), such as, but not limited to, in the Client Area and Control Panel. DNT is a feature on supported web browsers that instructs websites not to track User information.

14. Age Restriction

    The Websites and Services are not intended for, and MechanicWeb will not intentionally collect or maintain information about individuals under thirteen (13) years of age. If reasons exist to believe that any Customer or individual has provided MechanicWeb with any Personal Information who are under the age of thirteen (13), please get in touch with MechanicWeb and provide, in detail, the Personal Information (e.g., name, address, phone number) to be removed.

15. Business Transition

    Personal Data may be included in the assets transferred if MechanicWeb undergoes a business transition, merger, acquisition by another company, or sale of MechanicWeb's assets, in part or whole.

16. Transfer of Data

    MechanicWeb may transfer Personal Data across international borders as a result of Customer's use of the Websites, Services and/or interactions with MechanicWeb. By utilizing the Websites and/or Services, Customer grants explicit permission to access, store, and transmit Personal Data outside of Customer's country of residence, regardless of location or jurisdiction, in accordance with this Privacy Policy.

17. Security

    MechanicWeb implements commercially reasonable security measures, including administrative, physical, and technical procedures and guidelines, and constantly reviews and enhances these measures to secure and protect against unauthorized access, alteration, disclosure, or destruction of data. MechanicWeb encrypts Sensitive Data such as credit card and financial information using Secure Socket Layer (SSL), data in transit using industry-standard TLS certificates, and all access to the Websites and Services is secured using the HTTPS protocol. MechanicWeb requires all individuals or organizations to be bound by confidentiality obligations and agreements to provide the same or greater level protections, who may need access to Personal Data to operate, develop, or improve the Websites and/or Services. These individuals or organizations may be subject to discipline, including termination and civil and/or criminal prosecution for failing to meet these obligations.

18. Sensitive Information

    MechanicWeb is not responsible for any sensitive information provided or stored by Customer on MechanicWeb's system and/or Services.

19. Data Processing Agreement (DPA)

    Data Processing Agreement (DPA) can be found here.

20. Authorized Sub-processors

    Sub-processors are third parties MechanicWeb may disclose or share Personal Data with to fulfill contractual obligations or to provide Services on MechanicWeb's behalf. The list of Sub-processors can be found here.

21. Compliance

    MechanicWeb implements reasonable measures to ensure that the Privacy Policy complies with the General Data Protection Regulation (GDPR) of the European Union and regularly verifies that the Privacy Policy is accurate and accessible. MechanicWeb uses a self-assessment approach to ensure compliance with this Privacy Policy.

22. Dispute

    Please get in touch with MechanicWeb if there is a reason to believe Personal Data has been used in a way that is not consistent with, or a complaint regarding this Privacy Policy. MechanicWeb will respond to all requests, inquiries, and/or concerns or resolve any such complaints within thirty (30) calendar days of receipt of a notice in accordance with this Privacy Policy or as required by applicable law.

23. Conflict

    In the event of any conflict or inconsistency between this Privacy Policy and the TOS, this Privacy Policy shall prevail to the extent of the conflict.

24. Inclusion

    This Privacy Policy is a part of and incorporated into the TOS. References to TOS in the TOS shall include this Privacy Policy.

25. Amendments

    This Privacy Policy may be modified or amended in any respect at any time by MechanicWeb upon the posting to the Website. Any such modifications shall be effective immediately. A User's continued access and/or use of the Website or Services will be deemed acceptance to any such amended Website or Agreements. If you do not wish to continue to use the Services as a result of any such amendments, you may, without penalty, provide notice of your wish to terminate your Services to MechanicWeb.