Supplemental Privacy Notice

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Effective Date: December 29, 2022

This Supplemental Privacy Notice for California and Virginia Residents (“Supplemental Privacy Notice”) supplements the information contained in Agero’s Privacy Policy, https://www.agero.com/privacy, is incorporated therein by this reference, and applies solely to California and Virginia residents who receive emergency towing or roadside services, or call center services (the “Services”) offered by and/or through Agero, Inc. and its affiliates (including, Cross Country Motor Club, Inc., Cross Country Motor Club of California, Inc., Road America Motor Club, Agero Services Corp., Agero Administrative Service Corp., and SwoopMe, Inc., collectively, “Agero”) (”consumers” or “you”); California job applicants; and the California businesses and service providers with whom Agero has business relationships ( also “you”). This notice is provided to comply with the California Consumer Privacy Act (“CCPA”) and Virginia Consumer Data Protection Act (“VCDPA”), and any terms defined in the CCPA and VCDPA (“Applicable Law”) have the same meanings when used herein. Further, capitalized terms within this notice that are not defined herein, are defined in Agero’s Privacy Policy referenced above.

The majority of our Services are provided on behalf of our corporate clients, who may be your vehicle manufacturer, auto insurance carrier, financial institution, or other company that offers you towing and roadside assistance services and benefits (in such capacity, our “Client”); under this model, we are acting as a ‘service provider’ on behalf of our Client and the privacy terms related to your data are provided through your agreement with our Client (referred to as your “Service Agreement”). If you are accessing our Services through one of our Clients, we suggest that you direct your requests for data access, data deletion or other requests to the Client (privacy terms will often be available through their websites).

1. Notice at Collection
We may collect or process various categories of personal information. The section titled “Information We Collect/Disclose” contains information on the categories of personal information collected and our disclosure practices. As an overview, we collect identifiers; personal information found in customer records; characteristics of protected classifications under California or federal law; commercial information; internet or other similar network activity information; sensitive personal information in the form of account log-in and password, precise geolocation information, and mobile device information such as your SMS messages; sensory information; and professional or employment-related information. We collect this information to fulfil or meet the reason you provided the information, to comply with contractual requirements with you and our Clients, to process your requests, to provide you with support, to help maintain the safety, security, and integrity of our Applications and Services, to perform analysis to better understand Clients and our customers, and other business and commercial purposes outlined throughout this Supplemental Privacy Notice. We only collect sensitive personal information to provide our Services. For Virginia residents, we only collect sensitive personal information in the form of precise geolocation information, which we are only able to obtain after receiving consent. We do not sell or share personal information. We only keep personal information for as long as necessary to carry out the purposes for which we originally collected it and for other legitimate business purposes, including to meet our legal, regulatory, or other compliance obligations.

If you are receiving Services directly from Agero or its affiliates (such as the case when you have purchased or received a motor club membership or when you have paid for the services directly to our company at the time of the disablement), and you are looking to make a data access, data deletion or other request under Applicable Law, please see the Section titled “Exercising Your Rights Under Applicable Law” below to understand your rights. If you received Agero services through a Client, please contact the Client directly to exercise any such rights.

2. Information We Collect / Disclose
Through our Applications, the provision of Services, and/or our other interactions with you, 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, device, or household (“personal information”). In particular, through the provision of Services, Agero has collected the following categories of personal information from consumers, and/or disclosed for a business or commercial purpose such categories to third parties, within the twelve (12) months preceding the posting of this notice:

Category	Examples	Collected	Disclosed
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, or other similar identifiers.	YES	YES, to the parties listed in the “Disclosing Personal Information” section.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, address, telephone number, insurance policy number, credit card number, medical information including COVID-19 symptom-related, testing related, and vaccination-related information. Some personal information included in this category may overlap with other categories.	YES	YES, to the parties listed in the “Disclosing Personal Information” section.
C. Protected classification characteristics under California or federal law.	In obtaining information to identify consumers for the roadside services, at times we may collect the consumers’ identifying characteristics or special need requirements, such as gender, physical disability, or similar identifying information.	YES	YES, to the parties listed in the “Disclosing Personal Information” section.
D. Commercial information.	Records of personal property (such as the VIN, year, make, model, and color for the disabled vehicle), products or services purchased, obtained, or considered.	YES	YES, to the parties listed in the “Disclosing Personal Information” section.
E. Biometric information.	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.	NO	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES	YES, to the parties listed in the “Disclosing Personal Information” section.
G. Sensitive personal information.	Account log-in and password, precise geolocation information to inform us of the physical location of the disablement location, and (if you are using a mobile application) the movement of the towed vehicle to the tow-to location.  We also collect mobile device information such as your SMS messages to us. Job applicants may provide additional sensitive personal information such as race, ethnicity, or disability status.	YES	YES, to the parties listed in the “Disclosing Personal Information” section. We only disclose sensitive personal information to provide our Services.
H. Sensory information including audio, electronic, visual, thermal, or similar information.	Audio recordings are made of your communications with our contact centers.	YES	YES, to the parties listed in the “Disclosing Personal Information” section.
I. Professional or employment-related information.	Current or past job history or performance evaluations.	YES	YES, to the parties listed in the “Disclosing Personal Information” section.
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)).	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.	NO	NO
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO	NO

Retention: We only keep the listed categories of personal information for as long as necessary to carry out the purposes for which we originally collected it and for other legitimate business purposes, including to meet our legal, regulatory, or other compliance obligations.

Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information. We maintain and use all deidentified information in deidentified form. We do not attempt to reidentify it except to ensure our deidentification processes are in compliance with Applicable Law.
• Information specifically excluded from the scope of Applicable Law.
   

3. Sources of Personal Information
Agero obtains the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, (i) by calling or communicating electronically with one of our call centers or call center vendors to request Services or make inquiries, (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).
• Indirectly from you. For example, from observing your actions when visiting our website(s) or requesting Services through our website(s) or mobile applications.
• From Clients. For example, when you enter into a Service Agreement with a Client, the Client will disclose your personal information to us so that we may provide Services to you on behalf of the Client.
• From independent contractors providing roadside assistance services and emergency towing services. For example, we may receive certain personal information about you, including, without limitation your real-time precise geolocation information, in connection with the emergency towing and/or roadside assistance services provided.
• From dealers, repair facilities, overnight storage facilities, vehicle inspection stations, salvage lots and other third parties that provide similar services.  For example, we may receive certain personal information about you, including, without limitation, your name, phone number, vehicle information, and vehicle location as part of a request to pick-up or deliver the disabled vehicle to these types of locations, or information related to repairs, including, without limitation, the date of loss of service, the repair services provided to your vehicle and the costs associated with such repair services.

4. Use of Personal Information
We may use or disclose the personal information listed in categories A, B, C, D, F, G, H, and I for one or more of the purposes listed below. We only collect sensitive personal information to provide our Services.

Business Purposes:

Commercial Purposes:

To fulfill or meet the reason you provided the information. For example, if you provide your personal information to request emergency towing service or roadside assistance service, make customer service related inquiries, or obtain information related to a recent transaction, we will use and disclose that information to facilitate performance of the requested services. To comply with contractual requirements with our Clients, including data retention requirements. To process your requests, transactions, and payments and prevent transactional fraud. To provide you with support and to respond to your inquiries, reviews, comments or other feedback you provide us, including to investigate and address your concerns and monitor and improve our responses. To help maintain the safety, security, and integrity of our website(s), digital services, databases and other technology assets, and our business. To comply with legal, regulatory or administrative requirements of governmental authorities. To respond to judicial proceeding, subpoena, court order or other legal process; or as reasonably necessary to (i) investigate, prevent or take action regarding suspected or actual illegal activities; (ii) investigate and defend ourselves against third party claims or allegations; or (iii) protect the security or integrity of our Services. As described to you, or directed or authorized by you, when collecting your personal information, or as otherwise set forth in Applicable Law For hiring purposes, as discussed in the “Job Applicants” section To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Agero’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Agero about you is among the assets transferred.

To perform analysis to better understand the Clients’ customers, our suppliers and customers, and to assist with product testing and product development, including to develop and improve our website(s), digital services, and Services.

Agero 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.

5. Disclosing Personal Information
Agero may disclose your personal information to a third party for a business purpose.

We disclose your personal information with the following categories of third parties.

• Service providers who are towing, roadside, and vehicle repair industry participants, and other service providers that provide support services, including call center services. We disclose your information to companies we work with in connection with the provision of our Services. These companies provide services that include towing and roadside assistance, vehicle appraisal, vehicle repair, call center services, customer support, payment processing, cloud computing and communications, data analytics, hiring, document and records management, data backup and recovery, digital communications, and other support services. These companies will only have access to your personal information that is reasonably necessary to perform services on our behalf.
   
• Third parties who provide customer requested services, such as ride sharing, taxi services, vehicle repair, vehicle transport, concierge services, public emergency and first response services, and membership discount benefits. These parties are responsible for providing you with notice of their privacy practices.

​Sales and Sharing of Personal Information
In the preceding twelve (12) months, Agero has not sold or shared personal information of consumers who are California or Virginia residents, including California or Virginia residents under 16 years of age.

6. Notice to California Job Applicants
When you apply for a position with us, we will process your personal information as described in this Supplemental Privacy Notice, and also as described below as it relates to you as a job applicant.

When you apply for a job with us, we ask you to provide personal information to evaluate your application. All information is provided on a voluntarily basis and you choose what personal information to provide. Please note, if you choose not to provide requested personal information, our ability to consider you for a position may be limited.

We may also get information about you from public sources or third parties. For example, to verify information in your application or conduct background screenings, as allowed by law. If you choose, you may provide us with personal information on third party sites like LinkedIn. If you choose to authorize us to access this personal information, you agree that we may collect, store, and use this information in accordance with this Supplemental Privacy Notice.

How we use your Personal Information as a Job Applicant
We will use your personal information to process your application, including for the below purposes:

• Recruitment, evaluation and selection of job candidates
• General, human resources administration and management
• Conducting satisfaction surveys (for example, to manage and improve the recruitment process)
• Verifying your employment reference(s), conducting background checks, and related assessments
• Compliance with legal and company requirements (for example, to monitor diversity)
• Communicating with you regarding your application and interest in Agero
• Identify potential symptoms relating to communicable diseases (including COVID-19), prevent the spread of diseases, and conduct contact tracing
• Future job opportunities if you allow this use

How we Disclose your Personal Information as a Job Applicant
Your personal information is not sold or shared. Your personal information will only be disclosed with: Agero employees with a legitimate business need; third parties specific to job applicants, such as recruitment agencies, consultants, background service providers and attorneys. These entities may change over time. We always seek to ensure that third parties handling personal information do so in a manner consistent with this Supplemental Privacy Notice and in accordance with the law.

7. Notice to California Businesses and Service Providers with whom we have Business Relationships
When you engage in a business relationship with us, we will collect and process your personal information as described in the “Information We Collect/Disclose” section of this Supplemental Privacy Notice. We use this information for business purposes such as to perform and provide Services on behalf of the business. We do not sell or share the information you provide to us, but we may disclose such information to other service providers from time to time as necessary. This Supplemental Privacy Notice does not override any specific contracts agreed to by the parties, and relationships may be governed by further privacy agreements. If you are engaging with us on behalf of others in your company or otherwise providing the personal information of others, by engaging with us, you acknowledge and agree that you have the consent of the data subject. 

8. Your Rights and Choices
Applicable Law provides individuals who are California and Virginia residents with specific rights regarding their personal information. This section describes your rights and explains how California and Virginia residents may exercise those rights.

A. An Overview of Your Rights and Choices

Right to Know/Access and Data Portability.
You have the right to request that Agero 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 privacy request (please see the Section titled “Exercising Your Rights Under Applicable Law” below), 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, disclosing, or sharing that personal information.
• The categories of third parties with whom we disclose or share that personal information.
• The specific pieces of personal information we collected about you in a portable and, to the extent technically feasible, readily usable format (also called a data portability request).

Deletion.
You have the right to request that Agero delete any of your personal information that we collected from you and retained, subject to certain permitted exceptions. Once we receive and confirm your verifiable privacy request (please see the Section titled “Exercising Your Rights Under Applicable Law” below), 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 permitted under Applicable Law, including situations in which retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide the Services that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you or our Clients.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
• Other situations as may be permitted by or required by law.

Correction.
You have the right to correct your personal information if inaccurate.
 
Rights Concerning Your Sensitive Personal Information.
Based upon your residence, you may have the right to limit use of such information and/or delete it.  Agero only uses sensitive personal information for the purposes for which it was provided; therefore, we do not offer a specific right to limit.  If you exercise your right to delete sensitive personal information from our systems, it may limit our ability to provide the Services where such information is necessary and will be subject to the limitations referenced in the “Right to Delete” above. For Virginia residents, we only collect sensitive personal information in the form of precise geolocation information, which we only obtain after receiving consent.
 

B. Exercising Your Rights Under Applicable Law

If you are receiving roadside assistance services and benefits through a Service Agreement between you and a Client, to exercise any of the rights described above, please submit a verifiable privacy request directly to the Client by visiting the Client’s website.

For California and Virginia residents with direct agreements with Agero (such as motor club members and California job applicants), to exercise the rights described above, please submit a verifiable privacy request to us by either:

• Completing the Agero Privacy Request Form by visiting www.privacyrequest.agero.com
• Calling us toll-free at 1-833-983-1112.
• Mailing a written request to the address provided below (Please see Section 11 Contact Information below) to receive a copy of the Agero Privacy Request Form.

Only you, or someone legally authorized to act on your behalf, may make a verifiable privacy request related to your personal information. You may also make a verifiable privacy request on behalf of your minor child.

California residents may only make a verifiable privacy request for access and/or data portability twice within a 12-month period. Virginia residents may only make a verifiable privacy request for access or data portability twice, free of charge, within a 12-month period. Verifiable privacy requests must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, including the information and documentation required on the Agero Privacy Request Form. 
• 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.

In order to designate an authorized agent to make a request on your behalf, you must provide the authorized agent written, signed permission. The written, signed permission must be presented to us, along with such other required information as specified on the Agero Privacy Request Form to validate and verify the authenticity of the request.

C. Response Timing and Format

We endeavor to respond to a verifiable privacy request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period.  If we fail to comply with this timeline, you have the right to appeal our refusal to take action on a request within a reasonable period of time. You can exercise this right by contacting us in the “Contact Information” section below.  If we cannot comply with a request the response we provide will explain the reasons we cannot comply with a request, if applicable.

Making a verifiable privacy request does not require you to create an account with us. We do not charge a fee to process or respond to your verifiable privacy 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.

9. Non-Discrimination
We will not discriminate against you for exercising any of your rights under Applicable Law. Unless permitted by Applicable Law, 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 services.

10. Shine the Light
If a company shares “personal information” (as defined in California’s “Shine the Light” law, Civil Code § 1798.83) with third parties for their direct marketing purposes (e.g., to send offers and information that may be of interest to you), California law requires either providing a mechanism by which consumers can obtain more information about such sharing over the prior calendar year, or providing a mechanism by which consumers can opt out of such sharing. We do not share your personal information with third parties for their direct marketing purposes.

11. Changes to Our Privacy Notice
Agero reserves the right to amend this Supplemental Privacy Notice at our discretion and at any time. When we make changes to this Supplemental Privacy Notice, we will post the updated notice on the website and update the notice’s effective date. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes.

12. Contact Information
If you have any questions or comments about this notice, the ways in which Agero collects and uses your information, your choices and rights regarding such use, or wish to exercise your rights under California or Virginia law, please do not hesitate to contact us at:

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

Email: consumerprivacyinquiries@agero.com

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

Agero Privacy Request Form
www.privacyrequest.agero.com

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.