SCRAP APP
PRIVACY POLICY

Last Updated: August 11, 2024

INTRODUCTION.

This Privacy Policy (“Privacy Policy”) governs how Scrap App, Inc., a Delaware corporation, and its subsidiaries and affiliated entities (collectively, “Scrap App”, “we”, “us”, or “our”) use Personal Information (defined below) that we collect, receive, and store about each visitor and user (each, a “user,” and specifically you, “you” or “your”) of our owned and operated website, scrapapp.com and of all subdomains, mobile versions, and mobile applications thereof (collectively, the “Website”), the use of which shall be subject at all times to the Terms and Conditions (“Terms”).

We are committed to respecting the privacy and privacy rights of our users and recognize the need for appropriate protection and management of information that may be used, either alone or in combination with other information, to personally identify an individual (“Personal Information”) and, as a subset thereof, Personal Information that may be considered sensitive personal information under Data Privacy Laws (defined below) ( “Sensitive Personal Information”) that is shared with us in connection with users’ use of the Website. You may choose whether to provide or disclose Personal Information in connection with your use of the Website. If you choose not to provide the Personal Information we request, you may still visit and use parts of the Website but may be unable to access or use certain features, options, programs, and services thereof. IF YOU DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY AT ANY TIME, YOU SHOULD NOT USE THE WEBSITE.

The Website may contain links to, or advertisements for, websites or mobile applications operated by third parties, including, without limitation, third party social media platforms, and, therefore, not owned or controlled by Scrap App. The links to, and advertisements concerning, such third-party websites/mobile applications are provided for your convenience only. We are not responsible for the content, performance, or privacy practices of these third-party websites/mobile applications or for your interactions with them, and you visit them at your own risk. Our inclusion of links to, or advertisements for, such third-party websites/mobile applications does not imply any endorsement of the material, products, or services provided by such third-party websites/mobile applications or any association with such third-party websites/mobile applications or their owners or operators whatsoever.

CHANGES TO THIS PRIVACY POLICY.

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to add to, delete, and/or modify any or all of the terms and conditions of this Privacy Policy that apply to you. We display the effective date of this Privacy Policy at the top of this page, indicated by the “Last Updated” legend. UNLESS OTHERWISE INDICATED, ANY CHANGES TO THIS PRIVACY POLICY WILL APPLY IMMEDIATELY UPON POSTING TO THE WEBSITE. If you use the affected Website, after the changes become effective, it means you are agreeing to be bound by the changes to this Privacy Policy. You should check on a regular and frequent basis and review the terms and conditions of this Privacy Policy that apply to you, so you are aware of the current rights and obligations that apply to you.

CHILDREN’S PRIVACY.

The Website is not intended for children under the age of thirteen (13) and we do not knowingly collect, share, or sell Personal Information from children under the age of thirteen (13). If you believe we might be in possession of any information from or about a person under the age of thirteen (13), please contact us at John@ScrapApp.com. Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.

INFORMATION COLLECTED AND HOW WE COLLECT IT.

We may from time to time receive and/or collect the following categories of Personal Information in connection with your use of the Website:

Identifiers, such as your first and last name, gender, date of birth, phone number, email address, postal address, Internet Protocol (IP) address;

Account information, such as your username and account password;

Transaction information, such as your vehicle information and preferred payment methods, communicated to Scrap App or to any other Buyer (as defined in the Terms and Conditions) (collectively, “Transaction Information”);

Geolocation information, such as the region in which you are located when you access the Website;

Network activity, such as information collected from cookies and similar tracking technologies (described below) and marketing and communications preferences;

Preferences you select; and

Any other information reasonably necessary to facilitate your dealings with us.

Other than as expressly set forth above, we generally do not request on or through the Website, Sensitive Personal Information such as other financial account information (e.g., credit report information, bank account numbers), although we reserve the right to do so when such information is necessary to provide the services offered through the Website and to fulfill your requests made through the Website. Pursuant to US Data Privacy Laws (defined below), you have the right to request that Scrap App limit the use or disclosure of your Sensitive personal Information. To do so, please contact us at john@scrapapp.com.

The sources from which we obtain Personal Information are described below.

4.1 Personal Information You Provide to Us Through the Website.

The Website provides you with the opportunity to enter information about your vehicle into a form to request an offer from Scrap App or another Buyer to purchase your vehicle (“Offer”). When you request an Offer, we ask for personal information such as your name and address, as well as identifying information related to your vehicle. We collect the information you submit through the Website and we collect information about your transactions with us and other Buyers. We use this information to contact you in order to provide you with an Offer and to facilitate the sale of your vehicle to Scrap App or another Buyer, to coordinate any title transfer and ownership of the vehicle, and to comply with laws and regulations related to vehicle sales by you.

Please note that, should a third-party Buyer, provide you with an Offer, we will share your Personal Information with such third-Party Buyer. If you do not want us to share your Personal Information with third-party Buyers, we may not be able to facilitate the sale of your vehicle.

4.2 Information Collected Automatically.

We may from time to time automatically collect certain information when you access or use the Website by means of various software tools described below. In such circumstances, we have a legitimate interest in using such information for log-in and systems administration purposes, information security and abuse prevention, to track user trends, and to analyze the effectiveness of the Website and to otherwise personalize the Website to you. Alone or in combination with other information, such automatically collected information may constitute Personal Information.

We may automatically collect the following information, some of which may constitute Personal Information, when you access or use the Website:

Log Files on the Website. The information inside the log files may include, amongst other similar types of information, IP addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages, and any other information your browser may send to us.

Cookies. When you use or visit the Website, our servers may send a cookie to your computer. Cookies are small pieces of data that a website asks your browser to store on your computer or mobile device. A cookie contains an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies do not typically contain information that individually identifies you, but Personal Information that we store about you may be linked to the information stored in and obtained from cookies. Information regarding how we may use different categories of cookies and your options for managing cookie settings is set forth below.

Type of Cookie
Description
Managing Settings
Required Cookies
Required cookies enable you to navigate the Website and use features, such as accessing secure areas of the Website and using our Website. If you have chosen to identify yourself to us, we use cookies containing encrypted information to allow us to uniquely identify you. Each time you log into the Website, a cookie containing an encrypted, unique identifier that is tied to your account is placed on your browser. These cookies allow us to uniquely identify you when you are logged into the Website and to process your online transactions and requests.
Because required cookies are essential to operate the Website, there is no option to opt out of these cookies.
Performance Cookies
These cookies collect information about how you use the Website, including which pages you go to most often and whether you receive error messages from certain pages. These cookies do not collect information that individually identifies you. All information collected by these cookies is aggregated and anonymous. They are used only to improve how the Website functions and performs. From time-to-time, we may engage third parties to track and analyze usage and volume statistical information from individuals who visit the Website.
To learn how to opt out of performance cookies using your browser settings click here.
Functionality Cookies
Functionality cookies allow the Website to remember information you enter and choices you make (such as your username, language, or your region), and to provide enhanced, more personal features. These cookies also enable you to optimize your use of the Website after logging in. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize.
To learn how to opt out of functionality cookies using your browser settings click here.


THE PURPOSES FOR WHICH WE USE PERSONAL INFORMATION.

If you submit or we collect Personal Information through the Website or as otherwise described above, we may use such Personal Information for the following general purposes:

To comply with applicable law, including, without limitation, under U.S. federal, state, local, and foreign laws, regulations, rules, judicial or governmental orders or requests, legal process, and treaties (as may be amended from time to time, collectively, “Applicable Law”);

To purchase a vehicle from you;

To provide you with information, products or services that you request from us;

To facilitate a direct vehicle sale between you and another Buyer;

To provide, analyze, administer, improve, and personalize the Website;

To communicate with you in connection with the Website, an Offer and other products, services, or offerings made available through the Website;

To identify and authenticate your access to the parts of the Website that you are authorized to access;

For research and development relating to the Website and the services we make available to you through the Website;

For electronic direct marketing in compliance with Applicable Law;

To protect our rights and/or our property and to ensure the technical functionality and security of the Website;

To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred;

For the performance of our contract with you or to take steps at your request before entering into a contract; and

Where you have given actual or constructive consent.

HOW WE DISCLOSE PERSONAL INFORMATION.

We do not sell, share, lease, rent, or otherwise disclose (as such terms are used under Data Privacy Laws (defined below)) the Personal Information collected on or through the Website to third parties unless otherwise stated below or with your consent.

6.1 Our Third-Party Providers.

We may transfer Personal Information you provide to us through the Website to our third-party service providers and business partners to perform tasks on our behalf and to assist us in providing the Website and facilitating the sale of your vehicle, including, without limitation, to third-party Buyers and to any service providers that coordinate picking up your vehicle at the time of payment.

We will comply with Applicable Law regarding Personal Information transfers and use commercially reasonable efforts to only engage or interact with third-party website providers and business partners that take appropriate measures to protect your Personal Information; however, it is the responsibility of each of those third-party website providers and business partners to comply with Applicable Law and their respective privacy policies, and we take no responsibility for their privacy practices and compliance.

6.2 In the Event of Merger, Sale, or Change of Control.

Scrap App may assign or transfer its rights and/or delegate its obligations under this Privacy Policy and transfer any Personal Information to any third-party company or entity that either acquires or is acquired by Scrap App, or is merged with or into Scrap App, as part of a merger, acquisition, sale, or other change of control.

6.3 Other Disclosures.

We may disclose Personal Information about you if required to do so by Applicable Law or if we believe in good faith that such disclosure is reasonably necessary or helpful to (i) comply with legal process, (ii) enforce the Terms, including investigations of potential violations thereof, (iii) detect, prevent, or otherwise address fraud or security issues, or (iv) protect the rights, property, or personal safety of Scrap App, other Website users, and the public.

RETENTION OF PERSONAL INFORMATION.

We will keep your Personal Information while we are providing services to you. Thereafter, subject to any Applicable Law, we may hold Personal Information about you for as long as is necessary:

To fulfill the purposes described in Section 5 above (“The Purposes For Which We Use Personal Information”), including, without limitation, to comply with Applicable Law; or

To respond to any questions, complaints, or claims made by you or on your behalf.

We will not retain your Personal Information for longer than necessary for the purposes set out in this Privacy Policy.

YOUR RIGHTS.

8.1 Rights Relating to Personal Information.

We permit you to:

Delete all content browsing information and opt out of further participation in data associated with the current device you use to use or browse the Website; and

Subject to Applicable Law, if you would like to access, amend, correct, delete, export (e.g. data portability), object to the processing of Personal Information collected in and through the Website, or withdraw your consent (as applicable), you may submit a request to Scrap App’s Privacy Officer either by email at john@scrapapp.com or by mail at 4016 Raintree Rd, Ste 300, Chesapeake, VA 23321. We will promptly review all such requests in accordance with Applicable Law. Depending on where you live, you may have a right to lodge a complaint with a regulatory agency if you believe that we have violated any of the rights concerning Personal Information about you, though we encourage you to first reach out to us via email at john@scrapapp.com so we have an opportunity to address your concerns directly before you do so.

8.2 Email Notifications and Opt Out.

By accepting this Privacy Policy, you expressly agree that we may use your information to contact you by email to deliver information that is relevant to your use of the Website such as administrative notices, newsletters you have registered for, or marketing and promotional information related to the Website, Scrap App, and/or any Offer. You may choose to stop receiving these email communications from us by following the instructions included in such communications. If a third-party Buyer provides such newsletters, you may unsubscribe in accordance with the instructions provided in such newsletters or by such Buyer.

DATA SECURITY.

The security of Personal Information is important to us. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. For example, we have implemented an information security program that contains administrative, technical and physical controls that are designed to reasonably safeguard Personal Information from unlawful use, unauthorized access, or disclosure. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee its absolute security.

NOTICE TO RESIDENTS OF CALIFORNIA, COLORADO, CONNECTICUT, OREGON, TEXAS, UTAH, AND VIRGINIA.

California, Colorado, Connecticut, Oregon, Texas, Utah, and Virginia Residents: Pursuant to, respectively, the California Consumer Privacy Act, the California Privacy Rights Act, the Colorado Privacy Act, the Connecticut Personal Data Privacy and Online Monitoring Act, the Oregon Consumer Privacy Act, the Texas Data Privacy Act, the Utah Consumer Privacy Act, and the Virginia Consumer Data Protection Act (collectively, as may be amended from time to time, “US Data Privacy Laws,” and together with GDPR, “Data Privacy Laws”) you may have certain rights with respect to your Personal Information. For the purposes of this Section 12, Personal Information is used as defined under US Data Privacy Laws.

10.1 Requests to Know.

You have the right to request that we disclose:

The categories of Personal Information we have collected about you;

The categories of sources from which we have collected Personal Information about you;

Our use of the Personal Information we have collected about you;

The business or commercial purposes for selling or collecting Personal Information about you;

The categories of Personal Information sold, shared, or disclosed about you, as well as the categories of third parties to whom the Personal Information was sold, by category of Personal Information for each party to whom Personal Information was sold; and

The specific pieces of Personal Information collected about you for the twelve (12) months prior to the date of your request.

The delivery of our response to your request to know may take place electronically or by mail. We are not required to respond to requests to know more than twice in a twelve (12)-month period.

10.2 Requests to Delete.

You have the right to request that we delete any Personal Information about you that we have collected from you and retained, subject to certain exceptions. We may deny your deletion request if retaining the Personal Information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;

Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;

Debug products to identify and repair errors that impair existing intended functionality;

Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by Applicable Law;

Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;

Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;

Comply with an obligation under Applicable Law; and/or

Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

10.3 Right to Opt Out of the Sale or Sharing of Personal Information and/or Sensitive Personal Information.

You have a right to opt out of the sale or sharing of Personal Information and/or Sensitive Personal Information. You may, at any time, direct us to not sell or share Personal Information and/or Sensitive Personal Information about you to third parties. If you exercise your right to opt out of the sale or sharing of Personal Information and/or Sensitive Personal Information about you, we will not sell or share Personal Information and/or Sensitive Personal Information about you. Any Personal Information and/or Sensitive Personal Information collected in connection with your request will be used only to facilitate that request. You may submit opt out requests by emailing us at john@scrapapp.com.

10.4 Requests to Correct Inaccurate Personal Information.

You have the right to request that we correct inaccurate Personal Information that we maintain, or which pertains to you. Upon receipt of a verifiable request from you, we will use commercially reasonable efforts to correct the inaccurate Personal Information.

10.5 Right to Opt Out of Profiling.

You have the right to opt out of “profiling.” This opt out applies to the automated processing of Personal Information that is used to render decisions that could have a legal or similarly-significant effect on a user. Examples of such decisions include those related to credit and access to fundamental goods or services.

10.6 Right to Non-Discrimination.
You have the right not to be discriminated against for the exercise of your US Data Privacy Laws rights described above. Unless permitted by US Data Privacy Laws, we will not as a result of such exercise:

Deny you services;

Charge you different prices or rates for services, including through granting discounts or other benefits, or imposing penalties;

Provide you a different level or quality of services; or

To the extent applicable, suggest that you may receive a different price or rate for goods or services or a different level or quality of services.

10.7 Authorized Agents.

You may designate an authorized agent to make requests on your behalf. You must provide an authorized agent written permission to submit a request on your behalf, and we may require that you verify your identity directly with us. Alternatively, an authorized agent that has been provided power of attorney may submit a request on your behalf.

10.8 Methods for Submitting Consumer Requests and Our Response to Requests.

To make a request pursuant to your US Data Privacy Laws rights, you must contact Scrap App’s Privacy Officer either by email at john@scrapapp.com by mail at 4016 Raintree Rd, Ste 300, Chesapeake, VA 23321.

Scrap App reserves the right to verify all requests made pursuant to US Data Privacy Laws. Upon receipt of such request, we may ask you for additional information to verify your identity. Any additional information you provide will be used only to verify your identity and not for any other purpose. We will acknowledge the receipt of your request within ten (10) days of receipt. Subject to our ability to verify your identity, we will respond to your request within forty-five (45) days of receipt. To protect your privacy and the security of Personal Information about you, we verify your request by requesting for additional identifying information that will only be used to verify your identity and for no other purpose.

If you are a resident of Oregon or Texas, you may appeal our denial of your request within 45 days of your receipt of our written denial therefor. To exercise your right to appeal, you must contact Scrap Apps Privacy Officer either by email at john@scrapapp.com or by mail at 4016 Raintree Rd, Ste 300, Chesapeake, VA 23321.

10.9 Categories of Personal Information We Have Sold or Shared in the Last Twelve (12) Months.

We have not sold or shared (as such terms are defined under US Data Privacy Laws) any categories of Personal Information during the last twelve (12) months.

10.10 Categories of Personal Information We Have Disclosed for a Business Purpose in the Last Twelve (12) Months.

We have disclosed the following categories of Personal Information for a business purpose during the last twelve (12) months:

Identifiers, such as your first and last name, email address, gender, and postal address;
Internet or other electronic network activity information, a consumer’s interaction with an Internet website or advertisement; and
Transaction Information.


TRANSFERS OF PERSONAL INFORMATION FROM THE EUROPEAN UNION (EU) OR EUROPEAN ECONOMIC AREA (EEA), THE UNITED KINGDOM (UK), OR SWITZERLAND TO THE UNITED STATES OF AMERICA.

To communicate with you or provide the Website services, the information (including Personal Information) that we collect from you may be transferred to, stored, used, and processed by Scrap App in the United States of America or by one of our service providers based inside or outside of the United States of America. Such entities may be engaged in, among other things, preparing and sending notifications and the provision of support services.

If you are visiting from the European Union or the broader European Economic Area or other regions with laws governing information collection and use that may differ from those of the United States of America or any one or more of its individual States, please note that you are transferring your Personal Information to the United States of America. The laws of some countries may not provide the same levels of protection of Personal Information as your home country, particularly if you are resident in the European Union or the broader European Economic Area. By submitting information, you agree to the collection, transfer, storage, use, and processing of information about you for the purposes described in this Privacy Policy. When you provide Personal Information to us or our service providers or business partners, you consent to the processing of your information in the United States of America as the Website is offered from the United States of America. We will take reasonable steps to ensure that information about you is treated securely in accordance with this Privacy Policy, and that all information you provide to us is stored on our secure servers or those of our service providers and business partners.

YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES OF AMERICA AND ITS INDIVIDUAL STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES OF AMERICA, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US, OR MAKE USE OF THE WEBSITE.

TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION OR THE BROADER EUROPEAN ECONOMIC AREA. TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THE FOREGOING WAIVER DOES NOT APPLY TO YOU.

NOTICE TO RESIDENTS OF THE EUROPEAN UNION, EUROPEAN ECONOMIC AREA, AND UNITED KINGDOM

European Economic Area and United Kingdom data protection law requires a “lawful basis” for collecting and retaining Personal Information from citizens or residents of the European Economic Areas and the United Kingdom, respectively. Our lawful basis for collecting such information about you is permitted under Article 6, Section 1 of the EU general data protection regulation 2016/679 (as amended from time to time, and as adopted by the United Kingdom, “GDPR”), which are summarized below.

Consent: In certain cases, you have affirmatively provided us with your consent to collect your Personal Information for a specific purpose, such as providing your Personal Information when you contact us through the Website or enter into a contract with us.
Contract: We may need your Personal Information to comply with our contractual obligation to deliver the Website, such as fulfilling any future transactional services.
Legal Obligations: Sometimes the law requires us to collect and use your Personal Information, such as applicable tax laws that may require us to retain records of payments made through the Website or through our contract with you.
Legitimate Interests: This is a technical term that means we have a good and fair reason to use your Personal Information and we do so in ways which do not harm your interests and rights, such as to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and that does not materially impact your rights, freedom, or interests. For example, we (i) use identity, device, and location information to prevent abuse of the Website by users and to keep the Website secure, (ii) may also send you promotional communications about our Website subject to your right to opt out, and (iii) analyze how users interact with our Website so we can understand better what elements do or do not work well, what services/functionalities may be necessary or desirable to provide you with the best user experience on the Website, and to ensure the safety and security of the Website, which allows us to improve and develop the quality of the online experience we offer all our users.

In accordance with GDPR, as a resident of the European Union, European Economic Area, or the United Kingdom, you have the following rights with respect to your Personal Information:

If the processing of Personal Information is based on your consent, the right to withdraw consent for future processing of such Personal Information;
The right to request access to and rectification of your Personal Information;
The right to request restriction of the processing of your Personal Information;
The right to request erasure of your Personal Information; and
The right to receive, in a structured, commonly used and machine-readable format, the Personal Information you have provided to us based on your consent or a contract, and have such Personal Information transmitted to another company, where technically feasible (i.e., Data Portability).

To make a request pursuant to your GDPR rights, you must contact Scrap App’s Privacy Officer either by email at john@scapapp.com or by mail at 4016 Raintree Rd, Ste 300, Chesapeake, VA 23321. If you are not satisfied with our response to any appliable request made pursuant to your rights under GDPR, you also have the right to lodge a complaint about the processing of your Personal Information with your local data protection authority.

CONTACT US.

If you have any questions about this Privacy Policy, please contact Scrap App by email john@scrapapp.com.