1. SCOPE AND ROLES
1.1 Three Categories of Personal Information. This Privacy Policy addresses three categories of personal information:
(a) Business Contact and Account Data — personal information we collect directly from individuals who interact with USMS as a business, including Shop owners, employees, and other authorized users of the Service (“Users”), and visitors to our marketing website. With respect to this data, USMS acts as a “business” or “controller” under applicable law, and this Privacy Policy governs that processing directly.
(b) Shop Records — information that businesses using the Service (“Shops”) create in or upload to the Service about their customers and their vehicles, such as repair orders, estimates, invoices, inspection reports, repair and inspection photos, and messages (“Shop Records”). Within a Shop’s own account, USMS processes Shop Records as a “service provider” or “processor” on behalf of the Shop, which is the “business” or “controller” for its copy, and the Shop’s own privacy practices govern that copy. As described in Section 1.3, Shops instruct USMS to make Shop Records available to the Customers they relate to, and USMS uses certain information from Shops to provide Network Features. If you have a question or request about records a Shop keeps in its own account, please contact that Shop; you may also contact us using the information in Section 14, and we will refer your request to the Shop or respond in accordance with applicable law.
(c) Customer Account Data — personal information about individuals who use the Service for their own vehicles (“Customers”), collected through each Customer’s single account (a “Customer Account”), whether the Customer signs up directly or a Shop first records the Customer, including Shop Records once they appear in the Customer Account. USMS acts as a “business” or “controller” for Customer Account Data and for information used in Network Features (described in Section 1.3), and this Privacy Policy governs that processing directly.
1.2 Who This Policy Covers. This Privacy Policy applies to Users, Customers, prospective customers, and website visitors. If you are a Shop owner or employee who also uses the Service for your own vehicles, the information in your Customer Account is Customer Account Data, is kept separate from the Shop’s account, and cannot be accessed by the Shop. This Privacy Policy does not apply to third-party websites, applications, or services that may be linked from the Service.
1.3 How Customer Accounts, Shop Records, and Network Features Work. The following applies to Customer Accounts:
(a) One account. Each Customer has one Customer Account, whether the Customer signs up directly or a Shop first records the Customer at the counter.
(b) Shop Records in your account. Repair orders, work performed, estimates, invoices, inspection reports, photos, and messages that a Shop creates for you appear in your Customer Account. Records a Shop saved under your phone number are added only after you verify that number with a code we text to it, and a Shop may email you a link to claim the profile it created. We do not link records based on a typed phone number, email address, or VIN alone.
(c) Sharing with Shops at your direction. When you request an appointment or estimate, check in, send a message, approve an estimate, or pay a Shop, we share the relevant information with that Shop. The Shop’s copy is governed by the Shop’s own privacy practices.
(d) Network Features. Some features use information from across the Service (“Network Features”). Vehicle History: a vehicle’s service history (service dates, the Shops that performed the work, and the work performed) stays with the vehicle and may be shown to later owners and to Shops that service it, but a prior owner’s identity is never shown. Shop ratings: a Shop may rate its own transactions with you. Those ratings are part of that Shop’s records, are visible only to that Shop, and are not shared with other Shops.
(e) Requests. Requests about your Customer Account Data or Vehicle History should be sent to us. Requests about records a Shop keeps in its own account, including any ratings that Shop has given you, should be sent to that Shop.
1.4 Vehicle Information. Vehicle information, such as a vehicle identification number (VIN), make, model, year, mileage, and service history (“Vehicle Information”), identifies a vehicle rather than a person. Vehicle Information that is not linked or reasonably linkable to an identified or identifiable individual is not personal information and is not subject to this Privacy Policy, and we may use it for purposes such as providing Vehicle History and operating and improving the Service. When Vehicle Information is linked to you, such as in your Customer Account or in a Shop’s records about you, we treat it as personal information under this Privacy Policy.
2. CATEGORIES OF PERSONAL INFORMATION WE COLLECT
2.1 Business Contact and Account Data. In connection with operating our business and providing the Service to Shops, we may collect the following categories of personal information, consistent with the categories identified in the California Consumer Privacy Act (“CCPA”):
Identifiers — name, business title, email address, postal address, phone number, account username, IP address, and unique online identifiers.
Customer Records Information — information similar to that in Cal. Civ. Code § 1798.80(e), such as name, address, telephone number, and payment card information (processed via our payment processor).
Commercial Information — subscription plan, billing history, purchase history, and products or services considered or obtained.
Internet or Network Activity — browsing history on our website, log data, device identifiers, interactions with the Service, and information collected via cookies and similar technologies (see Section 6).
Geolocation Data — approximate location derived from IP address.
Professional or Employment-Related Information — job title, employer (Shop) name, and role within the Shop.
Audio, Electronic, Visual Information — profile photos, and call recordings or chat transcripts if a Shop enables call/communication logging features (subject to Section 9 and applicable two-party consent/recording laws).
Sensitive Personal Information — Social Security number or driver’s license number (only if voluntarily provided, e.g., for financing-related features), and account log-in credentials in combination with a password or credentials allowing access to an account.
Inferences — inferences drawn from the above to create a profile reflecting preferences or characteristics, such as usage patterns used to improve the Service.
2.2 Shop Records (Processed on Behalf of Shops). Depending on how a Shop uses the Service, Shop Records may include: name, address, phone number, and email address; vehicle identification number (VIN), make, model, year, and mileage; repair orders, work performed, estimates, invoices, and inspection reports; repair and inspection photos (which may show a vehicle’s license plate or contents); appointment, check-in, and message records; estimate approvals, including a drawn signature and the IP address used; ratings the Shop gives the Customer; and payment information processed through the Shop’s payment processor. Within the Shop’s own account, USMS processes Shop Records as a service provider/processor on behalf of the Shop, as described in Section 1.1(b) and our Data Processing Addendum. Shop Records made available in a Customer Account or used for Network Features are handled as described in Section 1.3.
2.3 Customer Account Data. For each Customer Account, we may collect the following categories of personal information, whether from you or from Shops:
Identifiers — name, email address, phone number, postal address, account username, IP address, device identifiers, and unique online identifiers.
Characteristics of Protected Classifications — your date of birth (age), which we collect at sign-up to confirm that you are at least eighteen (18) years of age.
Customer Records Information — contact information; payment information for Customer Plans (processed by our payment processor); and payment information for payments you make to Shops, which are processed through each Shop’s own Stripe account. We do not store full payment card numbers.
Commercial Information — information about your vehicles (such as VIN, make, model, year, and mileage) and maintenance schedules; appointment, check-in, estimate, and service requests; repair orders, estimates, invoices, and inspection reports that Shops add to your account; Vehicle History; Customer Plan purchases; and payment history.
Internet or Network Activity — log data, device information, interactions with the Service, and information collected via Cookies (see Section 6).
Geolocation Data — approximate location derived from your IP address or a location you enter. We do not collect precise location from your device.
Audio, Electronic, Visual Information — profile and cover photos; messages you exchange with Shops through the Service; repair and inspection photos that Shops add to your records; and the drawn signature you provide when you approve an estimate, together with the date, time, and IP address of the approval.
Sensitive Personal Information — account log-in credentials.
Communication Preferences — your text message and email preferences, including records of your consent to text messages (date and time, disclosure version, source, and mobile number) and any opt-out requests.
2.4 We do not knowingly collect Sensitive Personal Information beyond what is reasonably necessary to provide the Service, and we do not collect specialized categories such as health, genetic, biometric (for identification purposes), or precise geolocation data as a core feature of the Service.
3. SOURCES OF PERSONAL INFORMATION
We collect personal information from the following sources: directly from Users when they create an account, contact us, or use the Service; directly from Shops and their Users when they create or upload Shop Records and when they rate Customers; directly from Customers when they create or claim an account, verify a phone number, add vehicles, check in, request appointments or estimates, approve estimates, communicate with Shops, purchase Customer Plans, or make payments; automatically through your use of the Service and our website via cookies and similar technologies; from third-party service providers who help us operate the Service (e.g., payment processors, hosting providers); and from publicly available sources.
4. HOW WE USE PERSONAL INFORMATION
We use personal information for the following business and commercial purposes: to provide, maintain, and support the Service; to create and manage accounts; to process payments and manage billing for Shop subscriptions and Customer Plans, including auto-renewal disclosures required by California and other state automatic renewal laws; to communicate with Users and Customers about the Service, including service updates, security alerts, and administrative messages; to provide customer support; to provide the features available to Customers, including helping Customers find Shops, check in, request appointments and estimates, approve estimates, communicate with Shops, view their records and Vehicle History, and pay Shops, and to share information with Shops at a Customer’s direction; to verify phone numbers and add Shop Records to Customer Accounts; to provide Network Features, including Vehicle History; to confirm that Customers are at least eighteen (18) years of age; to generate AI-assisted content, such as repair guidance; to send marketing communications where permitted, and in accordance with opt-out preferences; to monitor and analyze usage trends and improve the Service; to detect, investigate, and prevent fraud, abuse, and security incidents; to comply with legal obligations, respond to lawful requests, and enforce our Terms and Conditions; and to process Shop Records within each Shop’s account as directed by that Shop, as described in Section 1.1(b).
We do not use Sensitive Personal Information for purposes beyond those permitted under the CCPA/CPRA and comparable Applicable Data Protection Laws (e.g., providing the Service, security, fraud prevention, and as necessary to perform services requested by you).
Text Messages. Providing your phone number does not, by itself, sign you up to receive automated text messages from USMS. We send automated text messages, including notifications about your vehicle from Shops you use (which identify the Shop), from USMS’s own toll-free number only to people who opt in to our text message program. You can opt in through your account, on a Shop’s check-in page, or by agreeing to the same disclosure when a Shop employee asks you in person or by phone. We may also text a one-time verification code to a number at your request. Consent to text messages is never a condition of creating an account, making a purchase, or booking or paying for Shop services. Message frequency varies, and message and data rates may apply. You can opt out at any time by replying STOP, resubscribe by replying START, or get help by replying HELP or contacting us using the information in Section 14. We keep a record of each consent, including the date and time, the disclosure version, the source, and the mobile number. We do not share mobile phone numbers or text message opt-in information with third parties or affiliates for their marketing or promotional purposes.
In-App Messages. Messages exchanged in the app between Shops and Customers, or between Shops, are stored on the Service and are visible to the participants. Messages about a repair order appear in the Customer Account. We store In-App Messages to provide the Service, but we do not access their content in the ordinary course of business, including for customer support. We access them only when needed to comply with law or legal process, to investigate a report of fraud, abuse, a security incident, or a violation of our Terms and Conditions, or at the request of a participant in the conversation.
AI Features. Some content in the Service, such as repair guidance with torque and fluid specifications, is generated with artificial intelligence and is labeled as such. AI-generated content may contain mistakes and should be verified. We do not send personal information to AI service providers to generate this content.
5. HOW WE DISCLOSE PERSONAL INFORMATION
5.1 Categories of Recipients. We may disclose personal information to the following categories of third parties for the business purposes described in Section 4: service providers that perform functions on our behalf (e.g., cloud hosting, payment processing, customer support tools, analytics providers, email/SMS delivery providers), each bound by written contracts limiting their use of personal information to providing services to us; professional advisors (auditors, attorneys, accountants); law enforcement, regulators, or other parties as required by law, subpoena, or legal process, or to protect USMS’s rights, property, or safety, or that of our Users or the public; and an acquirer or successor in the event of a merger, acquisition, financing, reorganization, bankruptcy, or sale of assets.
5.2 No Sale or Sharing. USMS does not sell personal information for monetary consideration, and does not “share” personal information (as defined under the CCPA/CPRA) for cross-context behavioral advertising. If this practice changes in the future, we will update this Privacy Policy and provide the notices and opt-out mechanisms required by law, including a “Do Not Sell or Share My Personal Information” link.
5.3 Shop Records. We disclose Shop Records only as instructed or authorized by the applicable Shop (including to the Customers to whom they relate and through Network Features, as described in Section 1.3), to subprocessors engaged to provide the Service (e.g., hosting, payment processing, SMS/email delivery), or as required by law. A current list of material subprocessors is available upon written request.
5.4 Disclosures to Shops and Through Network Features. If you are a Customer, we disclose your personal information to the Shops you choose to interact with through the Service (for example, when you request an appointment or estimate, check in, send a message, approve an estimate, or make a payment). These disclosures are made at your direction to provide the services you request and are not a sale or sharing of personal information. Through Network Features, we also make a vehicle’s service history available to its later owners and to Shops that service it, without identifying prior owners, as described in Section 1.3. Each Shop’s use of the information it receives is governed by that Shop’s own privacy practices.
6. COOKIES AND TRACKING TECHNOLOGIES
6.1 We and our service providers use cookies, web beacons, SDKs, and similar technologies (“Cookies”) on our website and Service to recognize your browser or device, remember preferences, authenticate sessions, analyze usage, and, where applicable, support advertising of our own services.
6.2 Types of Cookies. We use (a) strictly necessary Cookies required for the Service to function (e.g., authentication); (b) functional Cookies that remember preferences; (c) analytics Cookies that help us understand usage; and (d) to the extent used, advertising Cookies for our own marketing.
6.3 Your Choices. You can control Cookies through your browser settings, and where required by law, through a cookie consent banner or preference center on our website. USMS honors recognized opt-out preference signals, including the Global Privacy Control (“GPC”), as an exercise of the right to opt out of sale/sharing where applicable, in accordance with CCPA/CPRA regulations. Disabling certain Cookies may limit functionality of the Service.
6.4 Do Not Track. Our website does not currently respond to browser “Do Not Track” signals other than GPC as described above, as there is no uniform industry standard for DNT.
7. DATA RETENTION
We retain personal information for as long as necessary to provide the Service, fulfill the purposes described in this Privacy Policy, comply with our legal obligations, resolve disputes, and enforce our agreements, after which it is deleted or de-identified in accordance with our data retention schedule. Shop Records kept in a Shop’s account are retained consistent with the applicable Shop’s instructions, the Terms and Conditions, and, following termination of a Shop’s subscription, our standard post-termination retention period (see Section 15.4 of the Terms and Conditions), after which they are deleted or de-identified except as required by law. Customer Account Data is retained while the Customer Account remains open and is deleted six (6) months after the account is closed, except as required or permitted by law; residual copies in encrypted backups are overwritten within twelve (12) months. Information that a Customer directed us to share with a Shop, and Shop Records that a Shop keeps in its own account, are controlled by that Shop and are not deleted when a Customer Account is closed. Vehicle History, which does not identify prior owners, remains associated with the vehicle.
8. DATA SECURITY
We maintain administrative, technical, and physical safeguards designed to protect personal information from unauthorized access, disclosure, alteration, or destruction, consistent with industry standards and applicable law, including reasonable security measures required under California Civil Code § 1798.81.5 and comparable state statutes. These measures may include encryption in transit and at rest, access controls, network monitoring, and employee training. No method of transmission or electronic storage is completely secure, and we cannot guarantee absolute security. In the event of a security incident affecting unencrypted personal information, we will provide notification in accordance with California Civil Code §§ 1798.29 and 1798.82 and other applicable breach notification laws.
9. CALIFORNIA PRIVACY NOTICE (CCPA/CPRA)
This Section applies to California residents and supplements the rest of this Privacy Policy, as required by the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (together, the “CCPA”).
9.1 Categories Collected, Disclosed, and Their Sources. The categories of personal information we have collected in the preceding 12 months, their sources, and the purposes for collection are described in Sections 2 through 4 above. We have disclosed the following categories of personal information to service providers for a business purpose in the preceding 12 months: Identifiers, Customer Records Information, Commercial Information, Internet or Network Activity, Geolocation Data, Characteristics of Protected Classifications (date of birth), Professional Information, Audio/Visual Information, and, where applicable, Sensitive Personal Information. At the direction of Customers, we have disclosed Identifiers, Customer Records Information, Commercial Information, and Audio/Electronic Information to the Shops they chose to interact with. Through Network Features, we have disclosed Commercial Information (Vehicle History, without identifying prior owners) to later owners of a vehicle and to Shops that service it. We do not sell or share personal information as described in Section 5.2.
9.2 Your California Privacy Rights. If you are a California resident, you have the right to:
Right to Know — request that we disclose the categories and specific pieces of personal information we have collected about you, the categories of sources, the business or commercial purpose for collecting it, and the categories of third parties with whom we disclose it.
Right to Delete — request deletion of personal information we have collected from you, subject to certain exceptions permitted by law (e.g., to complete a transaction, detect security incidents, comply with a legal obligation).
Right to Correct — request correction of inaccurate personal information we maintain about you.
Right to Opt Out of Sale/Sharing — although we do not currently sell or share personal information, you have the right to opt out if this changes.
Right to Limit Use of Sensitive Personal Information — request that we limit the use of Sensitive Personal Information to purposes necessary to perform the Service and other purposes permitted under the CCPA. We currently limit our use of Sensitive Personal Information to these purposes by default.
Right to Non-Discrimination — we will not discriminate against you for exercising any of your CCPA rights, including by denying goods or services, charging different prices, or providing a different level of quality, except as permitted by law (e.g., a permissible financial incentive, of which we currently offer none).
Right to Data Portability — request a copy of your personal information in a portable and, to the extent technically feasible, readily usable format.
Right to Appeal — if we decline to act on your request, you may appeal our decision as described in Section 9.4.
9.3 How to Submit a Request. You may submit a verifiable consumer request by: (a) emailing us at usmechanicservices@gmail.com; or (b) calling us at (510) 737-3674. You may designate an authorized agent to submit a request on your behalf by providing us with written proof of the agent’s authorization, and, where necessary, verifying your own identity directly with us. We will verify your request by matching the information you provide against information we already maintain, and may request additional information to verify your identity for requests to know specific pieces of information or to delete data.
9.4 Response Timing and Appeals. We will respond to a verifiable consumer request within forty-five (45) days of receipt, which may be extended by an additional forty-five (45) days when reasonably necessary, with notice of the extension. If we deny a request in whole or in part, you may appeal by contacting us at usmechanicservices@gmail.com within a reasonable time, and we will respond to your appeal within sixty (60) days.
9.5 Shine the Light. California Civil Code § 1798.83 permits California residents to request certain information regarding disclosure of personal information to third parties for their own direct marketing purposes. USMS does not disclose personal information to third parties for their own direct marketing purposes.
9.6 Notice at Collection. As required by the CCPA, this Privacy Policy, together with any point-of-collection notices provided within the Service (including during Customer Account sign-up), serves as our notice at collection describing the categories of personal information collected and the purposes for which they will be used.
9.7 Requests About Shop Records. The rights described in this Section apply to personal information for which USMS is the business, including Business Contact and Account Data, Customer Account Data, and information used in Network Features, such as Vehicle History. If your request concerns Shop Records that a Shop keeps in its own account, USMS acts as that Shop’s service provider, and we will direct you to the Shop or forward your request to it, as described in Section 1.1(b).
10. PRIVACY RIGHTS FOR RESIDENTS OF OTHER STATES
10.1 Applicable Laws. If you are a resident of Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana, Delaware, Iowa, Indiana, Tennessee, Florida, Nebraska, New Hampshire, New Jersey, Kentucky, Maryland, Minnesota, Rhode Island, or another state with a comprehensive consumer privacy law in effect, you may have some or all of the following rights, subject to the specific requirements and exemptions of your state’s law: (a) the right to confirm whether we process your personal data and to access it; (b) the right to correct inaccuracies; (c) the right to delete personal data; (d) the right to obtain a portable copy of your data; (e) the right to opt out of the processing of personal data for purposes of targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects; and (f) the right to appeal our decision on a request.
10.2 How to Exercise Rights. You may exercise these rights by contacting us using the information in Section 14. We will respond within the timeframe required by the applicable state law (generally forty-five (45) days, subject to extension) and will provide a method to appeal a denial, after which, if required by your state’s law, you may contact your state Attorney General.
10.3 No Sale or Targeted Advertising. As described in Section 5.2, USMS does not sell personal information or use it for cross-context behavioral or targeted advertising.
11. CHILDREN’S PRIVACY
Shop accounts are intended for business use, and Customer Accounts are available only to individuals who are at least eighteen (18) years of age. We collect date of birth at sign-up to confirm eligibility. The Service is not directed to children. We do not knowingly collect personal information from children under 13 in a manner subject to the Children’s Online Privacy Protection Act (“COPPA”), or from individuals under 16 in a manner requiring opt-in consent under the CCPA’s provisions regarding minors. If we learn that we have collected personal information from a child in violation of applicable law, we will take steps to delete such information.
12. THIRD-PARTY LINKS AND INTEGRATIONS
The Service may contain links to, or integrate with, third-party websites, applications, or services (e.g., payment processors, parts suppliers, accounting software). This Privacy Policy does not apply to those third parties, and we encourage you to review their privacy policies before providing personal information to them.
Google Maps and Google Places. The Service uses Google Maps Platform features, including Google Maps and Google Places. When you use these features, Google may collect information such as your IP address and the places you search for or view, and Google’s use of that information is governed by the Google Privacy Policy at https://policies.google.com/privacy. Your use of these features is also subject to the Google Maps End User Additional Terms of Service at https://maps.google.com/help/terms_maps/.
13. INTERNATIONAL USERS
The Service is hosted in the United States and intended for use by businesses and individuals in the United States. If you access the Service from outside the United States, your personal information will be transferred to, stored, and processed in the United States, where privacy laws may differ from those in your jurisdiction. USMS does not intend to process personal information subject to the EU General Data Protection Regulation, UK GDPR, or other non-U.S. data protection laws without a separate agreement addressing applicable international transfer requirements.
14. CONTACT US
If you have questions about this Privacy Policy, would like to exercise your privacy rights, or need to reach us for any other reason, please contact us at:
USMS Inc.
44240 Fremont Blvd, Suite 10, Fremont, CA 94538
General inquiries: usmechanicservices@gmail.com
Privacy inquiries / data subject requests: usmechanicservices@gmail.com or (510) 737-3674
Legal notices: usmechanicservices@gmail.com
Billing: usmechanicservices@gmail.com
California residents may also contact the California Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by calling (800) 952-5210 or (916) 445-1254, as noted in our Terms and Conditions.
15. CHANGES TO THIS PRIVACY POLICY
We may update this Privacy Policy from time to time. Material changes will be communicated via email to the address on file, in-app notification, or by posting a notice on the Service or our website at least 15 days before the changes take effect, except where changes are required immediately to comply with law or address a security issue. The “Last Updated” date at the top of this Privacy Policy indicates when it was last revised. Continued use of the Service after the effective date of any changes constitutes acceptance of the revised Privacy Policy.