Introduction
Protecting your private information is our priority. This Statement of Privacy applies to Optimum Response LLC's VINsyt Mobile Application & Vinsyt.Com website and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Optimum Response LLC 27 Spencer Trail, 63376. The VINsyt website is a Software application site. By using the VINsyt website or VINsyt Mobile Application you consent to the data practices described in this statement.
Processing of your personal information (meaning, any information which may potentially allow your identification with reasonable means; hereinafter " Personal Information ") [add explanation regarding the legal grounds for processing personal information, such as:] is necessary for the performance of our contractual obligations towards you and providing you with our services, to protect our legitimate interests and for compliance with legal and financial regulatory obligations to which we are subject.
When you use the Site, you consent to the collection, storage, use, disclosure and other uses of your Personal Information as described in this Privacy Policy.
We encourage our Users to carefully read the Privacy Policy and use it to make informed decisions.
We collect two types of data and information from Users.
The first type of information is un-identified and non-identifiable information pertaining to a User(s), which may be made available or gathered via your use of the Site (“ Non-personal Information ”). We are not aware of the identity of a User from which the Non-personal Information was collected. Non-personal Information which is being collected may include your aggregated usage information and technical information transmitted by your device, including certain software and hardware information (e.g. the type of browser and operating system your device uses, language preference, access time, etc.) in order to enhance the functionality of our Site. We may also collect information on your activity on the Site (e.g. pages viewed, online browsing, clicks, actions, etc.).
The second type of information Personal Information which is individually identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual. Such information includes:
Device Information: We collect Personal Information from your device. Such information includes geolocation data, IP address, unique identifiers (e.g. MAC address and UUID) and other information which relates to your activity through the Site.
Registration information: When you register to our Site you will be asked to provide us certain details such as: full name; e-mail or physical address, and other information.
In order to better provide you with products and services offered on our Site, VINsyt may collect personally identifiable information, such as your:
— First and Last Name
— Mailing Address
— E—mail Address
— Phone Number
— Job Title
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (0) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non—personal information in the future.
We receive your Personal Information from various sources:
When you voluntarily provide us your personal details in order to register on our Site;
When you use or access our Site in connection with your use of our services;
From third party providers, services and public registers (for example, traffic analytics vendors).
VINsyt collects and uses your personal information to operate its website(s) and deliver the services you have requested. VINsyt may also use your personally identifiable information to inform you of other products or services available from VINsyt and its affiliates.
VINsyt does not sell, rent or lease its customer lists to third parties.
VINsyt may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e—mail, name, address, telephone number) is transferred to the third party. VINsyt may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these serVices to VINsyt, and they are required to maintain the confidentiality of your information.
VINsyt may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on VINsyt or the site; (b) protect and defend the rights or property of VINsyt; and/or (0) act under exigent circumstances to protect the personal safety of users of VINsyt, or the public.
VINsyt may keep track of the websites and pages our users Visit within VINsyt, in order to determine what VINsyt services are the most popular. This data is used to deliver customized content and advertising within VINsyt to customers whose behaVior indicates that they are interested in a particular subject area.
We use Smartlook in order to better understand our users’ needs and to optimize this serVice and experience. Smartlook is a technology serVice that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Smartlook uses cookies and other technologies to collect data on our users’ behaVior and their deVices. This includes a device's IP address (processed during your session and stored in a de—identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Smartlook stores this information on our behalf in a pseudonymized user profile.
Smartlook is contractually forbidden to sell any of the data collected on our behalf.
Information about your computer hardware and software may be automatically collected by VINsyt. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the VINsyt website.
The VINsyt website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver Viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize VINsyt pages, or register with VINsyt site or services, a cookie helps VINsyt to recall your specific information on subsequent Visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same VINsyt website, the information you preViously provided can be retrieved, so you can easily use the VINsyt features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the VINsyt serVices or websites you Visit.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally
We may also disclose information if we have good faith to believe that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our policies (including our Agreement), including investigations of potential violations thereof; (iii) investigate, detect, prevent, or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues; (iv) to establish or exercise our rights to defend against legal claims; (v) prevent harm to the rights, property or safety of us, our users, yourself or any third party; or (vi) for the purpose of collaborating with law enforcement agencies and/or in case we find it necessary in order to enforce intellectual property or other legal rights.
We may also disclose information if we have good faith to believe that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our policies (including our Agreement), including investigations of potential violations thereof; (iii) investigate, detect, prevent, or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues; (iv) to establish or exercise our rights to defend against legal claims; (v) prevent harm to the rights, property or safety of us, our users, yourself or any third party; or (vi) for the purpose of collaborating with law enforcement agencies and/or in case we find it necessary in order to enforce intellectual property or other legal rights.
You may request to:
Receive confirmation as to whether or not personal information concerning you is being processed, and access your stored personal information, together with supplementary information.
Receive a copy of personal information you directly volunteer to us in a structured, commonly used and machine-readable format.
Request rectification of your personal information that is in our control.
Request erasure of your personal information.
Object to the processing of personal information by us.
Request to restrict processing of your personal information by us.
Lodge a complaint with a supervisory authority.
However, please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements.
If you wish to exercise any of the aforementioned rights, or receive more information, please contact our Data Protection Officer (“DPO”) using the details provided below:
privacy@vinsyt.com .
We will retain your personal information for as long as necessary to provide our services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. Under applicable regulations, we will keep records containing client personal data, account opening documents, communications and anything else as required by applicable laws and regulations.
We may rectify, replenish or remove incomplete or inaccurate information, at any time and at our own discretion.
We and our trusted partners use cookies and other technologies in our related services, including when you visit our Site or access our services.
A "cookie" is a small piece of information that a website assign to your device while you are viewing a website. Cookies are very helpful and can be used for various different purposes. These purposes include allowing you to navigate between pages efficiently, enable automatic activation of certain features, remembering your preferences and making the interaction between you and our Services quicker and easier. Cookies are also used to help ensure that the advertisements you see are relevant to you and your interests and to compile statistical data on your use of our Services.
The Site uses the following types of cookies:
a. 'session cookies' which are stored only temporarily during a browsing session in order to allow normal use of the system and are deleted from your device when the browser is closed;
b. 'persistent cookies ' which are read only by the Site, saved on your computer for a fixed period and are not deleted when the browser is closed. Such cookies are used where we need to know who you are for repeat visits, for example to allow us to store your preferences for the next sign-in;
c. 'third party cookies' which are set by other online services who run content on the page you are viewing, for example by third party analytics companies who monitor and analyze our web access.
Cookies do not contain any information that personally identifies you, but Personal Information that we store about you may be linked, by us, to the information stored in and obtained from cookies. You may remove the cookies by following the instructions of your device preferences; however, if you choose to disable cookies, some features of our Site may not operate properly and your online experience may be limited.
We also use a tool called “Google Analytics” to collect information about your use of the Site. Google Analytics collects information such as how often users access the Site, what pages they visit when they do so, etc. We use the information we get from Google Analytics only to improve our Site and services. Google Analytics collects the IP address assigned to you on the date you visit sites, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.
Our policy only addresses the use and disclosure of information we collect from you. To the extent you disclose your information to other parties or sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party that you choose to disclose information to.
This Privacy Policy does not apply to the practices of companies that we do not own or control, or to individuals whom we do not employ or manage, including any of the third parties which we may disclose information as set forth in this Privacy Policy.
We take great care in implementing and maintaining the security of the Site and your information. [ explain about your security practices, such as: we employ industry standard procedures and policies to ensure the safety of the information we collect and retain, and prevent unauthorized use of any such information, and we require any third party to comply with similar security requirements, in accordance with this Privacy Policy] . Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorized access or abuse our Site, and we make no warranty, express, implied or otherwise, that we will prevent such access.
VINsyt secures your personal information from unauthorized access, use, or disclosure. VINsyt uses the following methods for this purpose:
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
Transfer of data outside the EEA
Please note that some data recipients may be located outside the EEA. In such cases we will transfer your data only to such countries as approved by the European Commission as providing adequate level of data protection, or enter into legal agreements ensuring an adequate level of data protection.
We may use a third-party advertising technology to serve advertisements when you access the Site. This technology uses your information with regards to your use of the Services to serve advertisements to you (e.g., by placing third-party cookies on your web browser).
You may opt-out of many third-party ad networks, including those operated by members of the Network Advertising Initiative ("NAI") and the Digital Advertising Alliance ("DAA"). For more information about this practice by NAI and DAA members, and your choices regarding having this information used by these companies, including how to opt-out of third-party ad networks operated by NAI and DAA members, please visit their respective websites: http://optout.networkadvertising.org/#!/ and http://optout.aboutads.info/#!/ .
We may use your Personal Information, such as your name, email address, telephone number, etc. ourselves or by using our third party subcontractors for the purpose of providing you with promotional materials, concerning our services, which we believe may interest you.
Out of respect to your right to privacy we provide you within such marketing materials with means to decline receiving further marketing offers from us. If you unsubscribe we will remove your email address or telephone number from our marketing distribution lists.
Please note that even if you have unsubscribed from receiving marketing emails from us, we may send you other types of important e-mail communications without offering you the opportunity to opt out of receiving them. These may include customer service announcements or administrative notices.
We may share information in the event of a corporate transaction (e.g. sale of a substantial part of our business, merger, consolidation or asset sale). In the event of the above, the transferee or acquiring company will assume the rights and obligations as described in this Privacy Policy.
Disconnecting your VINsyt Account from Third Party Websites
Users may be able to connect your VINsyt account to third party accounts. BY CONNECTING YOUR VINSYT ACCOUNT TO YOUR THIRD PARTY ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON THOSE THIRD PARTY SITES). IF YOU DO NOT WANT INFORMATION AB OUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN THIS MANNER, DO NOT USE THIS FEATURE. You may disconnect your account from a third party account at any time. Users may learn how to disconnect their accounts from third—part websites by visiting their "My Profile" page.
We respect your privacy and give you an opportunity to opt—out of receiving announcements of certain information. Users may opt—out of receiving any or all communications from third—party partners of VINsyt by contacting us here:
— Web page: www.vinsyt.com/preferences
— Email: preferences@vinsyt.com
— Phone:
We understand the importance of protecting children’s privacy, especially in an online environment. The Site is not designed for or directed at children. Under no circumstances shall we allow use of our services by minors without prior consent or authorization by a parent or legal guardian. We do not knowingly collect Personal Information from minors. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at privacy@vinsyt.com .
The VINsyt mobile app is owned and controlled by Optimum Response, LLC ("VINsyt" "Us" or "We"). These Terms of Use govern your use of the VINsyt mobile app, so please read them carefully. Your access to and continued use of the VINsyt mobile app constitutes your acceptance of, and is conditional upon your continued acceptance of and compliance with, the following provisions. VINsyt grants to you a limited, revocable, nonexclusive, nontransferable license to use VINsyt mobile app for lawfully communicating with customers of your dealership.
Disclaimer of Warranties; Use of the VINsyt mobile app
WE DO NOT WARRANT OR PROMISE THAT VINsyt mobile app WILL OPERATE ERROR-FREE. YOUR USE OF VINsyt mobile app IS ON AN "AS IS" BASIS, AT YOUR OWN RISK, AND WE DO NOT MAKE, AND WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO VINsyt mobile app.
VINsyt shall not be liable for any loss, liability, cost or damage arising either directly or indirectly from your access to or use of (or inability to access or use) VINsyt mobile app including, but not limited to, any loss of use, system damage, impairment or interruption, lost data, lost profits, business interruption, personal injury or any other pecuniary or financial loss, whether in an action of contract, negligence, equity or other legal theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of VINsyt mobile app. You agree that access to VINsyt mobile app is provided on an "as is" basis. If you are dissatisfied with VINsyt mobile app, your sole and exclusive remedy is to discontinue using VINsyt mobile app.
VINsyt does not guarantee or warrant that VINsyt mobile app will be free from infection, viruses, worms, Trojan Horses or other codes or features that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for system security, accuracy of data input and output and for maintaining your own means for the reconstruction of any lost data or otherwise dealing with system security breaches.
Even with the use of encryption, you acknowledge that the Internet is not a 100% secure medium and privacy cannot be guaranteed. Internet e-mail and review postings are or may become vulnerable to interception and forging. VINsyt will not be responsible for any damages you or any third party may suffer as a result of the transmission that you make to VINsyt through the Internet, or that you expressly or implicitly authorize VINsyt to make, or for any errors, data corruption or any changes made to any transmitted information.
By using the VINsyt mobile app, you agree to indemnify, defend and hold VINsyt, and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from and against any losses, actions, claims, proceedings, suits, judgments, settlements or liabilities arising out of your use of VINsyt mobile app, your violation of these terms and conditions, or your violation of any rights of another. You are responsible for maintaining the security of your user name and password and you are responsible for all acts that occur through the use of your user name and password.
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. By using VINsyt mobile app, you specifically consent to jurisdiction in the Commonwealth of Massachusetts in connection with any dispute arising out of these Terms of Use or pertaining to the subject matter hereof. You further agree that venue for any dispute arising out of these Terms of Use or pertaining to the subject matter hereof shall be exclusively in the courts of the Commonwealth of Massachusetts or the United States District Court located in the Commonwealth of Massachusetts, as applicable.
The VINsyt mobile app provides the functionality to take or upload a photograph of your customers ("Photographs"). If you post, communicate, or otherwise deliver any Photographs to us you agree to the following conditions:
You grant to us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use the Photographs however VINsyt desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Photographs and/or incorporate such Photographs into any advertisement, publicity, form, medium or technology throughout the world. VINsyt will use the Photographs in a manner that respects applicable privacy laws.
You grant us permission to monitor, edit, and if necessary, delete Photographs from our websites and systems.
You grant us permission on your behalf to enforce US and other intellectual property laws with respect to misuse of Photographs you have provided to us.
You acknowledge that you are entirely responsible for Photographs you provide to us, which means you have the right to provide the Photographs to us. For example, you did not obtain the Photo of a third party without that third party’s consent and without notifying the third party how the Photo will be used by you, and you have otherwise complied with privacy laws that apply to you or your dealership in taking and providing the Photographs to VINsyt.
You agree not to provide any Photographs that (1) violate or infringe the privacy, copyright, trademark, trade dress, trade secrets or other intellectual property rights of any person or entity, (2) contain or transmit a virus or any other harmful component or (3) are pornographic, obscene, offensive, harassing or unlawful.
You agree not to use the e-mail address of individuals in the Photographs ("recipients") for any purpose except sending the Photo to them through the VINsyt App, and in particular that you will not use the e-mail address of the recipients to send the recipient further or other e-mails except in full compliance with anti-spam laws that apply to you or your dealership.
Without limiting the generality of the foregoing, you represent and warrant that you have the right to provide the Photographs to VINsyt for VINsyt’s use as set forth in this Section. You may use the Photographs for your lawful business purposes, but you are solely responsible for acquiring any rights you may need to use the Photographs for you own purposes.
You agree to defend, indemnify and hold VINsyt harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by VINsyt arising out of any Photographs that you take or upload using VINsyt mobile app or otherwise provide to us.
Title to the VINsyt mobile app remains with VINsyt or its licensors. Any use of VINsyt mobile app not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. VINsyt mobile app and features are subject to change or termination without notice in the editorial discretion of VINsyt. All rights not expressly granted herein are reserved to VINsyt and our licensors.
We reserve the right to periodically amend or revise the Privacy Policy; material changes will be effective immediately upon the display of the revised Privacy policy. The last revision will be reflected in the "Last modified" section. Your continued use of the Platform, following the notification of such amendments on our website, constitutes your acknowledgment and consent of such amendments to the Privacy Policy and your agreement to be bound by the terms of such amendments.
How to contact us
If you have any general questions about the Site or the information we collect about you and how we use it, you can contact us at
Optimum Response LLC
St Peters, Missouri 63376
Email Address:
privacy@optimum—response.com
Telephone number:
855-846-7981