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TERMS OF USE AGREEMENT

Please read this Terms of Use Agreement (“Terms of Use”) carefully before using the Audi Pure Protection website (the “Site”). If you do not agree with any part of these Terms of Use, you must not use the Site. Your continued use of the Site and/or purchase of a Audi Pure Protection product or service will constitute your acceptance of these Terms of Use, as may be modified by us at any time without notice to you. Please check this page regularly for updates.

By clicking the box indicating you have read agree with these Terms of Use, and continuing with your purchase of a Audi Pure Protection product or service, you agree to be bound by these Terms of Use of the Site without limitation or qualification. The products and/or services on the Site are offered by VWFS Protection Services, Inc. (“VWFSPS”) located at 2200 Corporate Park Drive, Herndon, VA 20171, and all subsidiaries, affiliates and agents (collectively “we” “our” or “us”). “You”, “your” or “yours” shall refer to any consumer who provides information to us through the Site, purchases a product or service through this Site, and/or is named in a protection plan Agreement that is completed through this Site.

Permitted Use

All of the content in the Site is made available only for your personal, lawful, non-commercial use in connection with seeking products and services offered by us. Use of the Site by a competitor company or other non-consumer third party is prohibited.

Except as expressly mandated by law, You may not, without our prior written permission: (i) link from another website to the Site; (ii) post, transmit, copy, modify, create derivative works from, distribute, sell, or republish anything You obtain or download from the Site; (iii) engage in systematic retrieval of data or other content from the Site; (iv) assign or transfer any rights granted by these Terms of Use; or (v) access, or attempt to access, the Site through any automated means (including use of scripts, crawlers, or similar technologies).

Our Products and Services

The information and material provided on the Site is intended for general reference only, and may not describe all of the terms, conditions, and exceptions applicable to the products and services offered by us on this Site. All transactions related to the Audi Pure Protection program are governed solely by the provisions of the applicable agreement. This Site and its contents provide general information about the Audi Pure Protection program and should not be solely relied upon when purchasing coverage. Coverages and the terms and conditions of the products or services offered by us may vary by state and your individual circumstances, and additional minimum coverage limits may be required in your state. The products and services offered on this Site are only available in the United States and are not available to consumers who reside in California.

Your request to purchase a product or service represents an offer by you and will be subject to the terms and conditions of that product or service that we may accept or reject. After you make a request through the Site to purchase the product or service, then assuming such product or service is available to you and your offer is accepted, you will receive confirmation of your purchase.

You must ensure that the details you give to us while using this Site are correct and that there are sufficient funds to cover the cost of the product or service. In the case of requesting an automatic renewal, the credit or debit card you are using must be yours, or you affirm through the completion of any transaction that you have the authority by the accountholder to use the credit or debit card.

Third-party Sites

We may provide links to other websites that are not under our control and which we do not maintain. These links are provided for your convenience. When you activate these links, you will leave the Site. We do not endorse or take responsibility for the content on third party websites or the availability of those websites and we are not liable for any loss or damage that you may suffer by using those websites. If you decide to access linked websites, you do so at your own risk. We do not verify nor make any warranty or representation about the content, accuracy, opinions expressed, warranties, products or services, intellectual property compliance, or links of such third-party site. You should read the terms of use and privacy policies on all third-party websites.

Availability of Site

While we have taken care in the preparation of the Site, and we use reasonable efforts to include accurate and current information on the Site, certain technical matters may be beyond our control and we cannot guarantee that you will have uninterrupted or error free access to all of the Site at all times, that defects will be remedied, or that the Site, or the server that makes the Site available, are virus or bug free. Access may be suspended occasionally or restricted to allow for repair or maintenance or for the introduction of new services. You agree that we may stop (permanently or temporarily) providing the Site (or any features within the Site) to you anytime for any breach of these Terms of Use, or at our sole discretion, without prior notice to you. You acknowledge that we may, at any time and in our sole discretion, change the requirements (type of Internet access, hardware, software) to use the Site, and any products and services available on the Site.

Copyrights and Trademarks

Except as otherwise indicated, all materials on the Site, including without limitation the logos, names, copyrights and trademarks on the Site are proprietary marks of VWFSPS or are used by us with permission of the copyright owner. Unless otherwise agreed in writing, nothing on the Site shall be deemed to confer on any person any license or right to use any such image, logo, name, trademark or any other intellectual property and any such will constitute an infringement of the rights of the holder.

Privacy and Passwords

We value and protect the privacy of your information. Through your use of the Site you agree that any information that we collect from you when using our Site, including cookie files, will be dealt with in accordance with our Privacy Policy. We may change our Privacy Policy from time to time, without notice to you.

Some portions of the Site may be protected and require a user identification code (“User ID”) and password for access. Unauthorized access or use of such portions of the Site is prohibited. To obtain access to certain online services, you are given the opportunity to register with us. You are responsible for maintaining the confidentiality of your details and your password and for restricting access to your computer to prevent unauthorized access to your account. You accept responsibility for activities that occur under your account and you should take all steps to ensure your password is kept confidential. You agree to inform us immediately if you have reason to believe your password is being used in an unauthorized manner. For your protection, if we believe that any unauthorized access may occur or has occurred, we may terminate such access without prior notice to you. You also agree that we are permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.

You must not use the Site in any way that causes or is likely to cause access to be interrupted, or impaired in any way and You acknowledge and agree that You are responsible for electronic communications sent from Your computer.

Credit/Debit Card Transactions

We utilize a third party service provider to process all credit/debit card payments for the products or services offered on this Site. Your credit/debit card details may be retained by our payment processor if such retention is required by our payment processor or otherwise required by law. We do not maintain any information regarding your credit/debit card. Except in exceptional circumstances, any refund we provide to you for any product or service you have purchased by credit/debit card is made back to the credit/debit card account used to make the initial purchase.

Indemnification

To the extent permitted by law, you agree to defend, hold harmless and indemnify us, our affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from Your use of the Site, any third-party site, or Your violation of these Terms of Use.

Disclaimer

While we use all reasonable efforts to ensure that the information contained on the Site is current, accurate and complete at the date of publication, and we do our best to correct errors and omissions as soon as we can, all information, products, services, content and other material on the Site, accessible from the Site, or on a Third-party site are provided “as is” and without warranties or representations of any kind, either express or implied. This means that we expressly disclaim all warranties, express or implied, including without limitation the warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose. To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Site or any information contained therein. Users should be aware that they use the Site and its content at their own risk. If you are in a state or country that does not allow a disclaimer of implied warranties, the above disclaimer or a portion of it may not apply to you.

Content and information provided by third parties are published on the Site as supplied to us and we are not responsible for its accuracy or timeliness. You must take appropriate steps to verify this information before acting upon it.

Limitation of Liability

Access to and use of this Site is at the user’s own risk. We shall not be liable for any loss, damage, injury, or claim, nor any special, indirect, incidental, consequential, exemplary or punitive damages of any kind, whether such action is based in tort, contract, negligence, strict liability, or other law, even if we have been advised of the possibility of such damages. We shall not be liable for any Third-party site, materials on any Third-party site or the inability to use any Third-party site; and defect, omission, error, interruption, delay, or computer virus; or the unauthorized alteration of or access to your transmissions or personal data.

If you are in a State that does not allow the limitation of liability for certain damages, the above limitation of liability or a portion of it may not apply to you. However, you agree in any event that our total liability for all damages, losses, injuries, or claims of any kind or nature shall be limited to the amount you have paid to access the Site.

Monitoring of Telephone Calls and Emails

Telephone calls and email correspondence with us as a result of your access to the Site may be recorded for training, administrative and security purposes, and as otherwise permitted by law. By using such communication methods you are consenting to such activities taking place.

Emails and Data Protection

Please note that there is no guarantee that any e-mail sent to this site will be received by us or that the message will remain confidential while being transmitted. Your email address and the content of your email may be shared with, or disclosed, to third parties, who are necessary to address the content of your email, and as otherwise permitted by law. We may retain the content of the form or email, the email address and our response. This enables us to retain an audit trail of our contact and provide you with the product, service or information you may have requested.

Children’s Online Privacy

We do not knowingly collect personal information from anyone under the age of 13. If you are under the age of 13, you must not use the Site.

Severability

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed from these Terms of Use without affecting the rest of these Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.

Jurisdiction and Enforceability

These Terms of Use and your relationship with us under these Terms of Use shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of laws provision. You agree to submit to the exclusive jurisdiction of the Federal District Court for the Eastern District of Virginia and the state courts located within Fairfax County, Virginia to resolve any legal matter arising from these Terms of Use and/or this Site. Notwithstanding this, you agree that we shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.

Entire Agreement

These Terms of Use state the entire agreement with regard to the items discussed above.

1. Privacy Statement

Thank you for choosing VWFS Protection Services, Inc. (“we”, “our”, or “us”). We are committed to protecting your personal information and your right to privacy. This Privacy Statement is designed to inform you about how We collect, use, and share the personal information with which you have entrusted us.

Please note that our services are intended exclusively for residents of the United States of America. Additionally, our services are not intended for children under 18, and we do not knowingly collect personal information from individuals under 18.

If you have interacted with us, or inquired about, requested, or obtained a protection product or service with us, we will use and share any information that we collect from or about you in accordance with applicable law, as described here and in our Privacy Statement below.

2. How We Collect Information/Sources of Information

We collect personal information when you purchase or use our products and services, use or visit our websites, or otherwise interact with us. These sources could include:

You or Your Vehicle: When you inquire about, purchase or use our products and services
Dealerships: When you inquire about, purchase or use our products
Service Providers: Companies acting on our behalf, who act under contract to help us provide the business services you have requested and help us run our business
Affiliates: Other Volkswagen group companies with which you may have a relationship
Third Parties: Entities that may provide independent products or services to you

3. Information We Collect

The types of personal information we collect, use, and share depend on the product or service you have with us. When you inquire about, purchase or use our products and services, we may collect the following personal information from or about you:

Basic Identifiers: Personal identifiers or contact information, such as your name, email address, postal address, or other similar identifiers
Sensitive personal information (SPI): Information such as your social security number, driver's license number, passport number, or other similar sensitive information
Commercial Information: Records of products purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
Internet Activity: Other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Website, application, or advertisement
Geolocation Data: Estimation of the real-world geographic location of an object
Sensory Data: Audio, electronic, visual, thermal, or similar information
Inferences: Inferences drawn from any of the above information

Personal information does not include publicly available information, or information that has been de-identified so that it cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer.

4. How We Use Your Information

We may use your information for several business purposes, including to:

Auditing: Monitoring and verifying the performance of transactions and consumer interactions to ensure success and compliance with legal, regulatory, contractual, or other standards/requirements
Debugging: Identifying and repairing errors that impair existing intended functionality
Short-Term, Transient Use: Executing one-time transactions, or acting as an intermediary to facilitate transactions
Performing Services on Behalf of Our Business: Including to provide you with products and services you request; support your vehicle, products and services; diagnose, repair and track service and quality issues; communicate with you about your vehicle, products or services; install and configure changes and updates to your services; authenticate users of our products and services; or verify your eligibility for certain programs or benefits and marketing
Internal Research: For technological development and demonstration
Quality Assurance: For our own internal business purposes, such as to evaluate the usage of our products and services; improve, upgrade or enhance the quality of our products and services and develop new products and services; operate our websites and digital properties, as well as customize the content; and maintain internal records
For Legal or Security Reasons: Such as to comply with legal requirements; protect our rights; protect the safety or rights of the Volkswagen Group of Companies and our customers or others; detect, prevent, and mitigate security incidents, malicious, deceptive, fraudulent, or illegal activity; detect, prevent, and mitigate misuse of products or services; and to prosecute those responsible for that activity

We may share your information with our affiliated companies, and we may share your information with nonaffiliated financial companies for the commercial purpose of jointly marketing financial products and services.
We may also use or share your information in a de-identified or aggregate manner.

5. With Whom We Share Your Information

We may share your information for any of the purposes described above with our Service Providers. These could include:

Banking: Those who assist us in processing your transactions.
Insurance Services: Those who assist us in processing any claims you may have on your accounts.
Collection Services: Those who assist us in processing your transactions and enforcing our contracts with you.
Authorized Dealerships: Independent companies that sell our products or related offerings, and are licensed to operate such businesses using the trade names, trademarks, and service marks owned by us or our affiliates.
Volkswagen Group of Companies: The group of companies related to us by common control or ownership.
IT Service Providers: Provide information technology systems/solutions/services and to help protect the safety and security of your personal information
Sales and Marketing Service Providers: Deliver advertising or marketing communications on our behalf and help us manage the effectiveness of our operations and advertising campaigns
Customer Support Service Providers: Assist us in providing a service or support need for customer interactions
Government Agencies: Those governmental entities who provide services to us, including postal services for mailing invoices or correspondence, tax services, or others.
Legal & Compliance Service Providers: Those who assist us in maintaining regulatory compliance.
Vehicle Information Service Providers: Those who assist us in acquiring information about your vehicle that is required for us to service your account, including vehicle history reporting services or others.
Financial Services Providers: Those who assist us with accounting and financial operations services.
Workforce Management Service Providers: Those who assist us in processing and managing employee information
Vehicle Protection Service Providers: Those who assist us in administering vehicle protection programs
Risk Management Service Providers: Those who assist us in assessing and managing corporate risk.

We may share your information with Third Parties for the commercial purpose of jointly marketing products and services. These could include:

Insurance Services: Those with whom we jointly market insurance products and services.
Financial Providers/Servicers: Those with whom we jointly market financial products and services..

6. Security

We use reasonable technical, physical, and administrative security measures designed to minimize risks associated with data loss, misuse, unauthorized access, unauthorized disclosure, and alteration. To this end, we use firewalls, data encryption, access controls, and secured files and buildings to protect your personal information. However, it is important to recognize no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure.

While we are committed to securing our systems, you are responsible for securing and maintaining the privacy of your passwords and the account information you share with us.

7.External Links

Our websites may contain links to other websites, including social networks, advertisers, VW Dealer websites, VW brand websites, other Volkswagen Group websites, including websites operated by VW AG, and websites belonging to other third parties. Some of these sites may share a similar “look and feel” to our website. Please be aware that we are not responsible for the privacy practices of other websites. We encourage you to read the privacy statements provided by other websites before you provide information to them.

8. Updating Your Personal Information

Keeping your account information up-to-date is very important, and we rely on you to verify that the personal information we maintain about you is accurate and current. You can review, update, or delete certain account information by using the Contact Us option provided below.

9. Our Use Of Cookies And Similar Technologies

We may use cookies and similar technologies such as web beacons (also known as web tags, pixel tags, or clear GIFs) as necessary to provide our services, to secure our services, to optimize our services, and to improve your user experience. You may refuse to accept these technologies by activating the appropriate setting on your browser or mobile device. However, if you do so, you may be unable to access certain parts of our websites.

The information collected automatically helps us to improve our websites and to deliver a better and more personalized service, including by enabling us to:

Verify your identity;
Keep you logged in during your visit;
Identify irregular site behavior;
Prevent fraud and improve security;
Recognize you when you return to our websites;
Store your preferences and customize your online experience;
Understand how you use our websites;
Market our products and services, and jointly market the products and services of our and other businesses;
Measure the effectiveness of our newsletters and advertising campaigns; and
Estimate overall usage volumes and patterns.

Do Not Track

Some web browsers provide options to inform websites or internet services that you do not wish to have your activities tracked by cookies or similar technologies (commonly called "Do Not Track" or “DNT” signals). As there is not yet an industry or legal standard for recognizing or honoring DNT signals, we currently do not respond to such signals. We await the results of work by governments and industry to determine the appropriate form and manner of any DNT response is appropriate and what form it should take.

In the interim, you can refer to your browser’s help instructions to learn more about cookies and other technologies, and limit their use on your browser.

10. Children’s Privacy

Our products and services are not intended for minors. We do not knowingly collect personal information from individuals under the age of 18. We request that such individuals do not provide personal information to us. For more information about the Children’s Privacy, visit the FTC website: www.ftc.gov

11. Contact Us

Should you have other questions or concerns about this Privacy Statement, you can contact us at:

(844) 368-6416 (Audi PureProtection Customers)
(844) 368-6418 (Ducati EverRed Customers)
(844) 368-6420 (Quality Protect Plan Customers)
(844) 368-6414 (Volkswagen DriveEasy Customers)

Your California Privacy Rights

As a California resident, you have certain rights, subject to legal limitations, regarding the collection, use, and sharing of your personal information.

Right to Opt-Out/Do Not Sell

California Consumers have the right to request that we not sell your personal information to third parties. However, even if you opt-out, we are allowed to continue sharing with Service Providers as permitted by law.

We will ask you for your personal information or information about you in order to match you with the data we have collected before executing the request.

For other data, you can submit a Request to Opt-Out by visiting (privacy.vwgoa.com), and following the instructions in the web form, or by calling (833)-909-1767.

Right to Delete

California consumers have the right to request that we delete personal information about you that we have collected from you. This right is subject to exceptions that allow us to retain data; for example, to service a contract or for our internal business purposes. We will not delete data subject to an exception. If you make a Request to Delete non-excepted data, we will not delete personal information on archived or backup systems until the archived or backup system is next accessed or used by restoring such data to live systems. We will also maintain a record of the Request to Delete as permitted by law.

You can submit a Request to Delete by visiting (privacy.vwgoa.com) and following the instructions in the web form or by calling (833)-909-1767.

For a Request to Delete, in order to verify your identity, match you to our records, and to reduce fraud, will ask you for your personal information or information about you. You will need to provide certain pieces of information. The information you provide must match our records in a manner that we have determined to be reliable for us to process your request. We may also use third party verification companies to help us verify your identity. If we are unable to find you in our records, or match the data you provide with what we have in our records, we will notify you.

Right to Know

California consumers have the right to request that we disclose personal information that we have about you. You can request either or both of the following types of reports:

Categories Report that provides you with the categories of personal information we have collected in the 12 months preceding your request, at a minimum: the categories of sources from which the personal information was collected; the business or commercial purpose for which we collected the personal information; and for each category of personal information, the categories of Service Providers with which we shared the category of personal information for a business purpose; and the categories of third parties to whom we sold the category of personal information for a commercial purpose.
Specific Pieces Report that provides you with the specific pieces of personal information that we have collected about you in the 12 months preceding your request, at a minimum.

For a Request to Know seeking a Specific Pieces Report, in order to verify your identity, match you to our records, and to reduce fraud, we will ask you for your personal information or information about you. You will need to provide certain pieces of information. The information you provide must match our records in a manner that we have determined to be reliable, for us to process your request. We may also ask you to provide a signed declaration, under penalty of perjury, that you are the person whose personal information is the subject of the request. We may also use third-party verification companies to help us verify your identity. If we are unable to verify your request for a Specific Pieces Report, we will treat it as a request for a Categories Report.

For a Request to Know seeking a Categories Report, you will need to provide certain pieces of information. The information you provide must match our records in a manner that we have determined to be reliable, for us to process your request. We may also use third party verification companies to help us verify your identity. If we are unable to verify your request for a Categories Report, we will direct you to the data handling practices in our online privacy statements.

You can submit a Request to Know by visiting (privacy.vwgoa.com) and following the instructions in the web form or by calling (833)-909-1767. California Consumers can submit a Request to Know twice in a 12 month period and the report will be provided free of charge.

Household Request

If you are submitting a request on behalf of a household, we will need to verify each member of the household in the manner set forth above.

Use of Authorized Agent

If you are making any of the requests above as an authorized agent, we will require an executed Power of Attorney pursuant to California Probate Code section 4000 to 4465. Additionally, we will seek to verify your identity in the manners stated above (depending on the request type). To make a request using an authorized agent please call (844) 987-2272.

Timing of Response

For a Request to Opt-Out, we will process your request and update our records accordingly within 15 business days.
For a Request to Delete or Request to Know Categories, we will strive to fulfill these requests within 45 days from the date we receive your request. If additional time is needed to complete any request, we will notify you that additional time is needed, tell you the reason that we need additional time, and tell you when you can expect your request to be completed.
For a Request to Know Specific Pieces Report, we may need an additional 45 day extension to respond to your request, as these requests will be burdensome and we will have to work with multiple systems and Service Providers in order to fulfill your request. Therefore, you can expect to receive your Specific Pieces Report within 90 days of your request.

Additional Information

We will maintain records of requests that are made that include the date of request, nature of request, manner in which the request was made, the date of our response, the nature of our response, and the basis for any denial of the request if it is denied in whole or part. You are not required to create an online account with us in order to exercise your rights. However, for your convenience, we may offer you the option to create an account, so you may more easily exercise your rights in the future.

Non-discrimination

In accordance with applicable law, we will not discriminate against you for exercising your privacy rights.