Additional U.S. Privacy Disclosures
1. Scope of Disclosures
These Additional U.S. Privacy Disclosures (the “U.S. Privacy Disclosures”) supplement the information contained in our Privacy Notice regarding the Michelin Brand websites, products and service offerings, mobile applications and services that post or link to these U.S. Privacy Disclosures (collectively, “Michelin”, “we”, “us”, or “our”) and apply solely to individual residents of the States of California, Colorado, Connecticut, Nevada, Utah, and Virginia (“data subjects” or “you”).
These U.S. Privacy Disclosures provide additional information about how we collect, use, disclose and otherwise process personal data of individual residents of the States of California, Colorado, Connecticut, Nevada, Utah, and Virginia, either online or offline.
Unless otherwise expressly stated, all terms in these U.S. Privacy Disclosures have the same meaning as defined in our Privacy Notice.
2. Personal Data Disclosures
We collect various categories and types of personal data from a variety of sources and for a variety of purposes. We also disclose personal data to a number of recipients. Please review the “Our Collection of Personal Data,” “Our Use of Personal Data,” and “Our Disclosure of Personal Data” sections of our Privacy Notice to learn more. While we do not “sell” personal data in the traditional sense, we do, however, sell or share personal data for the purpose of displaying advertisements that are selected based on personal data obtained or inferred over time from an individual’s activities across businesses or distinctly branded websites, applications, or other services (otherwise known as “targeted advertising” or “cross-context behavioral advertising”).
The following personal data elements we collect may be classified as “sensitive” under certain privacy laws (“sensitive information”):
- Account name and password;
- Driver’s license number;
- Credit/debit card number plus expiration data and security code (CVV);
- Precise geolocation data.
As described in our Privacy Notice, we use account name and password, as well as payment card information and driver’s license number to provide certain of our products and services. We also use precise geolocation data to provide our Services with geolocation capabilities.
We do not sell sensitive information, and we do not process or otherwise share sensitive information for the purpose of targeted advertising.
We may at times receive, or process personal data to create, deidentified information that can no longer reasonably be used to infer information about, or otherwise be linked to, a particular individual or household. Where we maintain deidentified information, we will maintain and use the information in deidentified form and not attempt to reidentify the information except as required or permitted by law.
3. Your Privacy Rights
Depending on your state of residency and subject to certain legal limitations and exceptions, you may be able to exercise some or all of the following rights:
The Right to Know
The right to confirm whether we are processing personal data about you and, under California law only, to obtain certain personalized details about the personal data we have collected about you, including:
· The categories of personal data collected;
· The categories of sources of the personal data;
· The purposes for which the personal data were collected;
· The categories of personal data disclosed to third parties (if any), and the categories of recipients to whom this personal data were disclosed;
· The categories of personal data sold (if any), and the categories of third parties to whom the personal data were sold; and
· The categories of personal data shared for targeted advertising purposes (if any), and the categories of recipients to whom the personal data were disclosed for these purposes.
The Right to Access & Portability
The right to obtain access to the personal data we have collected about you and, where required by law, the right to obtain a copy of the personal data in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.
The Right to Correction
The right to correct inaccuracies in your personal data, taking into account the nature of the personal data and the purposes of the processing of the personal data.
The Right to Request Deletion
The right to request the deletion of personal data that we maintain about you, subject to certain exceptions.
The Right to Opt Out of Sales or Sharing for Targeted Advertising Purposes
The right to direct us not to sell or share personal data for certain targeted or cross-context behavioral advertising purposes.
The Right to Non-Discrimination
The right not to receive retaliatory or discriminatory treatment for exercising any of the rights described above.
However, please note that if the exercise of the rights described above limits our ability to process personal data (such as in the case of a deletion request), we may no longer be able to provide you our products or services or engage with you in the same manner.
In addition, the exercise of the rights described above may result in a different price, rate, or quality level of product or service where that difference is reasonably related to the impact the right has on our relationship or is otherwise permitted by law.
4. How to Exercise Your Privacy Rights
Please note that when you submit a request to us to exercise your rights as outlined in the instructions below, your request will be Brand-specific.
To Exercise Your Privacy Rights
Please submit a request by:
We will need to verify your identity and confirm you are a resident of a state that offers the request right(s) before processing your request. In order to verify your identity, we will generally either require the successful login to your account or the matching of sufficient information you provide us to the information we maintain about you in our systems. As a result, we require requests to include name, email address, and state of residency. Although we try to limit the personal data collected in connection with a request to exercise any of the above rights, certain requests may require us to obtain additional personal data from you. In certain circumstances, we may decline a request, particularly where we are unable to verify your identity or locate your information in our systems, or where you are not a resident of one of the eligible states.
To Exercise the Right to Opt Out of the Selling or Sharing of Personal Data for Targeted Advertising Purposes
Unless you have exercised your Right to Opt Out, we may “sell” or “share” your personal data to third parties for targeted or cross-context behavioral advertising purposes. The third parties to whom we sell or share personal data may use such information for their own purposes in accordance with their own privacy statements, which may include reselling or sharing this information to additional third parties.
You do not need to create an account with us to exercise your Right to Opt Out. However, we may ask you to provide additional personal data so that we can properly identify you in our dataset and to track compliance with your opt out request. We will only use personal data provided in an opt out request to review and comply with the request. If you chose not to provide this information, we may only be able to process your request to the extent we are able to identify you in our data systems.
Once you make an opt-out request, you may change your mind and opt at any time by returning to the “Your Privacy Choices” link or contacting us at Privacy.AMN@michelin.com.
In certain circumstances, you are permitted to use an authorized agent to submit requests on your behalf through the designated methods set forth above where we can verify the authorized agent’s authority to act on your behalf. In order to verify the authorized agent’s authority, we generally require evidence of either (i) a valid power of attorney or (ii) a signed letter containing your name and contact information, the name and contact information of the authorized agent, and a statement of authorization for the request. Depending on the evidence provided and your state of residency, we may still need to separately reach out to you to confirm the authorized agent has permission to act on your behalf and to verify your identity in connection with the request.
Appealing Privacy Rights Decisions
Depending on your state of residency, you may be able to appeal a decision we have made in connection with your privacy rights request. All appeal requests should be submitted by emailing us at Privacy.AMN@michelin.com with the subject line, “Privacy Request Appeal.”
Minors Under Age 16
We do not sell the personal data of consumers we know to be less than 16 years of age. Please contact us at Privacy.AMN@michelin.com to inform us if you, or your minor child, are under the age of 16.
5. California-Specific Privacy Disclosures
The following disclosures only apply to residents of the State of California:
Personal Data Collection
In the last 12 months, we may have collected the following categories of personal data:
- Identifiers, such as name, email address, telephone number, address, zip code, account username and password, or other similar identifiers.
- California Customer Records (Cal. Civ. Code § 1798.80(e)), such as driver’s license information, credit/debit card information, bank account information or other payment information if you engage with one of our Brand ecommerce sites.
- Protected Classification Characteristics, such as age.
- Commercial Information, such information about products or services purchased or considered, whether you used a particular coupon code or promotion, information about the third-party dealer from whom you purchased a Michelin product, and information about your use of the Services.
- Internet/Network Information, such as your browsing history, log and analytics data, search history and information regarding your interaction with our website.
- Geolocation Data, such as information about your physical location collected from geolocation features on your device, including your IP address and GPS (e.g., latitude and/or longitude), and location information you provide to the Services through our dealer locator tool.
- Sensory Information, such as pictures you provide or upload in connection with the Services, and the content and audio recordings of phone calls between you and Michelin and/or you and our service providers, that we record where permitted by law.
- Professional/Employment Information, such as job title, department, employer or business, and trade or professional association membership information.
- Other Personal Data, such as information and content you post to the Services and other information you submit to us, including inquiry and communication information when you contact us. We may also collect certain information about your vehicle, such as VIN number, Department of Transportation (DOT) code, vehicle type, make, model and registration information, and tire depth and size information.
- Inferences, including information generated from your use of the Services reflecting predictions about your interests and preferences.
For more information about our collection of personal data, the sources of personal data, and how we use this information, please see the “Our Collection of Personal Data” and “Our Use of Personal Data” sections of our Privacy Notice.
Disclosure of Personal Data
As described in the “Our Disclosure of Personal Data” section of our Privacy Notice, we disclose personal data with a variety of third parties for business purposes or we may sell or share your personal data to third parties for targeted advertising purposes, subject to your right to opt out of selling or sharing (see the “Your Privacy Rights” section above).
In the previous 12 months, we have sold or shared for targeted advertising purposes all of the categories of personal data we collect, explained above, to third parties.
We retain personal data only for as long as is reasonably necessary to fulfill the purpose for which it was collected. However, if necessary, we may retain personal data for longer periods of time, until set retention periods and deadlines expire, for instance where we are required to do so in accordance with legal, tax and accounting requirements set by a legislature, regulator, or other government authority.
To determine the appropriate duration of the retention of personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of personal data and if we can attain our objectives by other means, as well as our legal, regulatory, tax, accounting, and other applicable obligations.
Therefore, we retain personal data for as long as the individual continues to use our services for the purposes explained in the “Our Use of Personal Data” section in our Privacy Notice. When an individual discontinues the use of our services, we will retain their personal data for as long as necessary to comply with our legal obligations, to resolve disputes and defend claims, as well as, for any additional purpose based on the choices they have made, such as to receive marketing communications. In particular, we will retain call recordings, the personal data supplied when joining our services, including complaints, claims (for insurance products) and any other personal data supplied during the duration of an individual’s contract with us for the services until the statutory limitation periods have expired, when this is necessary for the establishment, exercise, or defense of legal claims.
Once retention of the personal data is no longer necessary for the purposes outlined above, we will either delete or deidentify the personal data or, if this is not possible (for example, because personal data has been stored in backup archives), then we will securely store the personal data and isolate it from further processing until deletion or deidentification is possible.
Notice of Financial Incentives
We offer various programs, promotions and other financial incentives that may result in differences in our prices or services offered to consumers. For example:
- Discounts, coupons or other access to exclusive content, research, and insights for customers who sign up to receive our marketing emails or text messages;
- Discounts, coupons, or other benefits in connection with a contest or sweepstakes or similar promotion;
- Rewards or coupons when you refer a friend to use our service;
- Loyalty programs, where you earn rewards based upon your past purchases with us; or
- Discounts, coupons, cash back, and other special offers for shopping with our partners.
To obtain access to certain of these programs and other offerings, we may collect and retain personal information, such as name, contact information, professional information, account information, and shopping transaction information. We may sell or share personal information with our business and marketing partners who may use this information to send you promotional communications and targeted advertising.
We have determined that the value of these programs and other incentives are reasonably related to the value of the personal data we receive and otherwise process in connection with these programs and offerings, based on our reasonable but sole determination. We estimate the value of the personal data we receive and otherwise process in connection with these programs and offerings by considering the expense we incur in collecting and processing the personal data, as well as the expenses related to facilitating the program or offering.
The material aspects of any financial incentive will be explained and described in its program terms or in the details of the incentive offer. Participating in any financial incentive program is entirely optional and participants may withdraw from the program at any time. To opt-out of the program and forgo any ongoing incentives, please follow the instructions in the program’s terms and conditions or contact us using the contact information below. Participating individuals may also opt out of receiving marketing communications by following the instructions set forth in the “Choices and Control Over Your Information” section of our Privacy Notice.
6. Updates to These U.S. Privacy Disclosures
We will update these U.S. Privacy Disclosures from time to time. When we make changes to these U.S. Privacy Disclosures, we will change the “Last Updated” date at the beginning of these U.S. Privacy Disclosures. If we make material changes to these U.S. Privacy Disclosures, we will notify you by updating the “Last Updated” date above or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided in the notification.
7. Contact Us
If you have any questions or requests in connection with these U.S. Privacy Disclosures or other privacy-related matters, please send an email to Privacy.AMN@michelin.com.
Alternatively, inquiries may be addressed to:
North American Privacy Officer
Michelin North America, Inc.
One Parkway South
Greenville, SC 29615