Privacy Policy

Text Messaging and Mobile Communications

This section describes how AC Pro and the brands identified at the time of enrollment (“Company,” “we,” “us,” or “our”) collect, use, disclose, and retain information relating to our text-messaging programs.

Our text-messaging programs may include:

• Marketing Text Messages: Optional promotional messages concerning our products, services, discounts, offers, events, surveys, loyalty programs, or other commercial offerings.
• Authentication and Security Messages: Multifactor authentication codes, one-time passcodes, login-verification messages, password-reset messages, fraud or suspicious-activity alerts, account-recovery messages, and similar non-promotional security communications.

Information We Collect

When you provide a mobile telephone number, enroll in a text-messaging program, request an authentication code, or otherwise communicate with us by text message, we may collect the following, some of which may be Personal Information under state privacy laws:

• Identifiers: your mobile telephone number; your name and associated customer, applicant, employee, contractor, account, or system identifier
• Consumer Records: the date, time, source, and method through which you provided consent, including records of the affirmative action through which you enrolled, such as a checkbox, electronic signature, keyword, webform submission, or account-setting selection; the disclosures and terms presented when you enrolled; your enrollment and communication preferences; the content of messages sent to or received from you; authentication requests, authentication results, and security-event information; message-delivery, failure, suppression, opt-out, and engagement information; information about the device, carrier, IP address, browser, and system used to enroll in or interact with the program; and information relating to whether a telephone number has been disconnected, deactivated, or reassigned.

How We Use Text-Messaging Information

We may use text-messaging information for the following purposes.

MFA, Authentication, and Security

When you select SMS as an authentication method or request an authentication or security message, we may use your telephone number to:

• send one-time authentication codes;
• verify login attempts or identity;
• facilitate password resets or account recovery;
• provide fraud and suspicious-activity alerts;
• confirm device enrollment;
• protect Company systems, accounts, facilities, personnel, and information; and
• investigate suspected unauthorized access.

Enrollment in SMS authentication does not constitute consent to receive marketing text messages.

Compliance and Recordkeeping

We may maintain records of enrollment, consent, revocation, message delivery, complaints, and suppression to:

• comply with federal and state law;
• demonstrate the scope and validity of consent;
• prevent messages from being sent after an opt-out;
• investigate complaints or suspected fraud;
• enforce our agreements; and
• establish, exercise, or defend legal claims.

Marketing and Promotional Messages

When you give your consent separately, we may send recurring marketing or promotional text messages concerning AC Pro’s products, services, and promotions. Marketing messages may be sent using an automatic telephone dialing system, automated technology, or another automated messaging platform.

Consent to receive marketing text messages is voluntary and is not a condition of:

• purchasing or leasing any property, goods, or services;
• receiving a discount or ordinary customer service;
• creating an account;
• applying for or accepting employment;
• continuing employment; or
• receiving compensation, benefits, scheduling opportunities, or another employment-related benefit.

Separate Choices for MFA and Marketing

Marketing texts and MFA or security texts are separate programs.

Opting out of marketing texts will not ordinarily prevent us from sending:

• authentication codes that you request;
• account-security messages;
• fraud alerts;
• transactional messages; or

We do not include advertising, discounts, offers, or other promotional content in messages presented as MFA, authentication, fraud-prevention, or security messages unless we have separately obtained any consent required for the promotional content.

How We Disclose Text-Messaging Information

We do not sell, share, or otherwise disclose mobile information to any third parties for their marketing or promotional purposes. We may disclose text-messaging information for administrative purposes to:

• wireless carriers and telecommunications providers;
• SMS aggregators and messaging-platform providers;
• identity-verification and authentication providers;
• customer-relationship-management providers;
• fraud-prevention and cybersecurity providers;
• hosting, analytics, and technical-service providers;
• professional advisers, auditors, regulators, courts, and law-enforcement agencies;
• if we are involved in a merger, acquisition, financing, reorganization, bankruptcy, sale of assets, or similar transaction, to parties involved in the transaction; and
• other parties at your direction or with your consent.

These recipients may process text-messaging information to transmit, route, authenticate, secure, monitor, troubleshoot, or administer messages on our behalf.

California Privacy Disclosures

If you are a California resident, the California Consumer Privacy Act (“CCPA”) may have the following consumer privacy rights, subject to applicable exceptions. See the California Privacy Rights section of our website:

Instructions for submitting a California privacy request are provided in the California Privacy Rights section of our website.

The text-messaging information described in this section may fall within the following CCPA categories:

• identifiers;
• customer record information;
• commercial information;
• Internet or other electronic-network activity;
• geolocation information, where collected;
• professional or employment-related information; and
• inferences derived from other personal information.

We collect these categories for the business and commercial purposes described above and retain them according to the retention criteria described below.

Nevada Privacy Disclosures

Nevada residents may submit a request to opt-out of the sale of your personal information or to review and correct the personal information we have about you by contacting us at [email protected] with a subject line identifying your request (for e.g. “Nevada – right to correct”) and describing the particular elements of your request in the email.

Utah Privacy Disclosures

Utah consumers may have the following privacy rights under the Utah Consumer Privacy Act, if applicable, and subject to exceptions:

• Right to Opt-out of the sale of your Personal Data, or to use it for targeted advertising;
• Right to Confirm whether we are processing your Personal Data;
• Right to Access your Personal Data that we collect;
• Right to Delete your Personal Information;
• Right to request a copy of your Personal Data that we have collected electronically in a readily usable format, to the extent technically feasible;

Arizona Privacy Disclosures

Arizona does not currently impose a generally applicable comprehensive consumer privacy statute equivalent to the CCPA for the activities described in this section. We nevertheless process Arizona residents’ telephone numbers and messaging information according to this Privacy Policy, our contractual obligations, and applicable federal and Arizona telecommunications, consumer-protection, employment, and data-security laws.

How to Exercise Your Privacy Rights

You may exercise your respective state privacy rights by either calling us at 1-844-441-9869, PIN 499832, complete our web form (Web Form) or sending an email describing your request to [email protected] with a subject line identifying your request (for e.g. “California – right to delete”).

You may request to exercise your consumer privacy rights twice a 12-month period. To respond to your request, we will first need to verify your identity to a reasonable degree of certainty considering the sensitivity of the personal information and the risk of harm to you by unauthorized disclosure, deletion, or correction. We may therefore ask you to provide three points of personal information which you have previously provided to us that we can use to match against our records to verify your identity. In addition, we may require you to submit a signed declaration under penalty of perjury stating you are the individual whose personal information is subject to the request. We may not be able to act on your request should you decline to provide the verifying details or if any of the details are incorrect.

In general and unless otherwise stated in the above sections describing your rights, we will respond to your request within forty-five (45) days. If necessary, we may extend the time to respond by a further forty-five (45) days. If for any reason we decide to decline to respond to your request, we will notify you and provide our explanation and any appeal process that may be available to you. We will provide this notice within the first forty-five (45) days after receiving your request.

Opting Out of Marketing Messages

You may revoke consent to marketing text messages at any time by replying with a word or phrase that reasonably communicates that you no longer wish to receive the messages.

Recognized opt-out keywords include:

STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, and UNSUBSCRIBE.

We may send one non-promotional message confirming that we received and processed the request.

You may also revoke consent or change your marketing preferences by contacting us at [email protected].

Opt-out requests will be processed as soon as practicable and within the period required by applicable law.

Disabling MFA Text Messages

To stop using SMS for authentication or security:

• Access account or authentication settings on the website;
• Establish another available authentication method; and
• Remove SMS as an authentication method.

You may also contact [email protected] for support.

Disabling SMS authentication may prevent you from accessing an account or Company system until another authentication method has been established.

Employees and contractors should contact [email protected] or 800-800-4121 before disabling a required authentication method.

Help

For text-message assistance, reply HELP or contact: [email protected] or 800-800-4121

Message Frequency and Charges

Marketing message frequency varies but is expected to be approximately 1 message per week (4 messages per month).

MFA, security, transactional, and administrative message frequency depends on your requests, transactions, system use, and security events.

Message and data rates may apply according to your mobile-service plan. You are responsible for charges imposed by your carrier unless applicable law or Company policy requires reimbursement.

Wireless carriers are not responsible for delayed or undelivered messages.

Telephone-Number Accuracy and Reassignment

You represent that:

• the telephone number you provide is accurate;
• you are the subscriber or customary user of the number;
• you are authorized to receive and consent to messages at that number; and
• you will promptly notify us if the number is changed, surrendered, disconnected, deactivated, or transferred.

We may use service providers or other reasonable measures to determine whether a telephone number has been disconnected or reassigned. We may suspend messages when we reasonably believe the number is no longer associated with you.

Retention

We retain text-messaging information for no longer than reasonably necessary and proportionate to the purposes described in this section, unless a longer period is required or permitted by law.

Our anticipated retention periods are:

• Authentication-code value: Until the code expires or is used, except where temporarily preserved to investigate a security incident.
• Marketing consent records: While consent remains active and ordinarily for at least four years after the last message or revocation.
• Utah marketing consent records: At least as long as needed to demonstrate that the recipient expressly agreed to receive solicitations from the specific Company or brand, and ordinarily for at least four years after the last message.
• Opt-out and suppression records: For as long as reasonably necessary to prevent future unauthorized messages, which may include indefinite retention of the telephone number in suppressed or hashed form.
• Complaints, investigations, and litigation records: Until the matter is resolved and relevant limitation and preservation periods have expired.
• California employee records: In accordance with the Company’s employee-record retention schedule, CCPA retention disclosures, and applicable employment-law obligations.

We may retain aggregated, deidentified, security, or fraud-prevention information for longer periods where permitted by law.

Security

We use reasonable administrative, technical, and physical safeguards designed to protect telephone numbers and messaging information. However, please note that SMS is not an encrypted or completely secure communication channel. Messages may be accessible to:

• wireless carriers;
• persons with access to your device;
• persons with access to linked devices or backups;
• persons who obtain control of your telephone number or SIM card; and
• other intermediaries involved in message transmission.

Do not send passwords, complete payment-card numbers, Social Security numbers, health information, or other highly sensitive information by text unless we expressly direct you to use an approved process.

Children’s Information

Our marketing text-message program is not directed to children under 13. A person under the age of majority in the person’s state of residence should enroll in marketing messages only with the permission of a parent or legal guardian. We have not knowingly collected the Personal Information of a child under 13. If you believe we have collected the information on someone under 13, please notify us at [email protected] and we will investigate and delete the information if confirmed.

Changes to This Section

We may revise this SMS policy from time to time, so we encourage you to review this periodically. Changes will be effective when posted.

We will obtain new consent where required before materially expanding:

• the categories of marketing messages authorized; and
• the purposes for which the consent will be used.