Thank you for visiting WHI Solutions (“WHI”, “we” or “us”). This privacy notice explains our online information practices and the choices you can make about the collection, use, storage, sharing and protection of your personal information (i.e., name, address, telephone number and credit card) when you interact with our websites www.whisolutions.com, www.nexpart.com, www.nexcat.com, or support@whisolutions.com (“Sites”) and services, including the WHI Solutions Nexpart web-based auto parts transaction service which provides for the exchange of information pertaining to potential business transactions between potential buyers and sellers (together, “Trading Partners”), the WHI Solutions Electronic Parts Catalog, and other vehicle related databases provided by WHI Solutions (collectively, the “Products”).

You accept this Privacy Policy when you sign up for, access, or use our Products, services, content, features, technologies, or functions offered on our Sites (collectively “WHI Services”).

We may amend this Privacy Policy at any time by posting the amended terms on this site. You agree that amendments will become effective when posted on the Sites. Throughout this Privacy Policy, we use the term “Personal Information” to describe your name, address, telephone number and credit card information. You agree that for purposes of this Policy, Personal Information does not include anonymous or aggregated data that does not identify name, email, address, telephone number or credit card information.

Contents & Summary

A table summarizing the contents of this Policy appears below, followed by the Policy in full. Should there be any discrepancy between the table and the full Policy, the language of the full Policy shall govern

Scope and Consent

When you use any of the Sites, you are contracting with WHI, located at 5 International Drive Suite 210 Rye Brook, NY 10573-7016. WHI is owned by eBay, Inc. If you reside outside of the United States, eBay Inc. is your data controller.

By using the Sites, including by registering for an account with any of our Sites, you expressly consent to our collection, use, disclosure, and retention of your Personal Information as described in this Privacy Policy, as well as to the transfer and storage of your Personal Information to our servers in the United States and elsewhere in the world where we have facilities.

Collection of Personal Information

You can browse our Sites without telling us who you are or revealing any Personal Information about yourself. Personal Information is only associated with your account when you sign in as a registered user. If you register for an account with us for your company, you choose to give us your Personal Information and are not anonymous to us. If you choose to provide us with Personal Information, you consent to the transfer and storage of that information on our servers located in the United States and around the world.

We collect the following types of Personal Information in order to provide you with the use of and access to our sites, applications, services, and tools, and to help us personalize and improve your experience:

Information you give us: We receive and store any information you enter with respect to the Products or that you give us in any other way, including via a warehouse distributor (“Distributor”) or a Distributor’s website (“Distributor Site”). You can choose not to provide certain information, but then you might not be able to take advantage of many of the Products’ features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our Products, and communicating with you:

• Personal Information you provide us when registering for an account: specifically, name, email address, phone number, mobile telephone number, physical contact information, and sometimes financial information, such as payment information, including credit card or bank account numbers;
• Transactional information based on your activities on the Sites (such as buying Products);
  Shipping, billing, and other information you provide to purchase or ship Products or other materials;
• Additional Personal Information we ask you to submit to authenticate yourself or if we believe you are violating the Sites’ policies.
• Our goal is to collect and use only that information that we think is required for our legitimate business interests, in order to better understand your interests and improve your experience of using our online services.

Information we collect automatically:

Tracking Technologies/Cookies and Browsing Data: When you visit our sites, use our applications, services, and tools, or interact with our advertising or content, we automatically collect information sent to us by your computer, mobile device, or other access device. This information is associated with you personally. Like many companies, we use tracking technologies (including cookies, flash cookies, web beacons/GIFs, embedded scripts, e-tags/cache browsers) on our Services. Tracking technologies may enhance your online experience, for example, by remembering your passwords and viewing preferences, while you are visiting a particular page on the Sites.

We may use tracking technologies for a variety of purposes, including:

• Operationally-Necessary. We may use tracking technologies required for system administration, to prevent fraudulent activity, improve security, or allow you to make use of shopping cart functionality. We are not required to obtain your consent to tracking technologies that are operationally necessary.
• Performance-Related. We may use cookies or other tracking technologies to assess the performance of the online services, including as part of our analytic practices to improve the content offered through the online services.
• Functionality-Related. We use tracking technologies to tell us, for example, whether you have visited the website before or if you are a new visitor and to help us identify the features in which you may have the greatest interest.
• Targeting-Related. We may use tracking technologies to deliver content, including ads, relevant to your interests on our online service and third-party sites based on how you interact with our advertisements or content. Further information on this, and your opt-out choices, is below.

We may also collect password information from you when you log in, as well as computer and/or connection information. During some visits we may use software tools to measure and collect session information, including page response times, download errors, time spent on certain pages, and page interaction information.

Anonymous Data

We may also use anonymous data in aggregate form for purposes of research or analysis. We take reasonable measures to ensure that the anonymous data is de-identified from Personal Information and we will not try to re-identify the data. We use anonymous data in order to better understand and serve our customers, we may conduct research based on customer demographics, interests, and behaviors. Although this aggregated data may be based in part on Personal Information, it does not identify any users personally. We may share this type of anonymous data with third parties, including our affiliates, agents, service providers and current and prospective business partners to administer online services and for advertising, promotional, and other business purposes.

A number of companies offer utilities designed to help you visit online services anonymously. Although we will not be able to provide you with a personalized experience if we cannot recognize you, we want you to be aware that these tools exist.

Protecting Your Safety: In general, we collect, store and use your information to provide you with a safe, smooth, efficient and customized experience on our Sites. However, sometimes we need to collect and use your Personal Information to enable us to:

• Provide technical support;
• Prevent fraud or potentially illegal activities (including copyright infringement);
• or Enforce our policies for your use of the Sites.

Newsletters and Other Communications

You may sign up to receive newsletters and other communications about our Services or the Products and/or those of third parties. To sign up, we may ask you for your Personal Information. We use this information to send you the communications you request.

Details of how you can opt-out of receiving any communications from us are detailed in the section headed “Communication Preferences and Marketing (Opt-Out )” below.

Information From Other Sources: We may receive or collect supplemental information about you from third-party sources and add it to our account information. This may include, but is not limited to, demographic information, navigation information, additional contact information, credit check information.

Use and Disclosure

Our primary purpose in collecting Personal Information is to provide you with secure and smooth access to the Sites and/or use of our Services, applications, and tools, to provide you with requested customer service and relevant information about your account and our services, and to provide you with a safe, efficient, and customized experience. You agree that we may use your Personal Information to:

• Operate our websites and provide access to our applications, services, and tools;
• Provide customer support;
• Analyze site and user behavior and prepare aggregated reports;
• Prevent, detect, and investigate fraud, security breaches, and potentially prohibited or illegal activities;
• Measure and improve our sites and services, and customize our services, content, including potentially advertising;
• Contact you, either via email or telephone, to resolve disputes, collect fees, troubleshoot problems with your account or our Sites, Services, applications, or tools, or to deliver targeted marketing, service updates, or promotional offers in accordance with your stated communication preferences; or
• Provide other services requested by you, as described at the time when we collect the information from you, or to contact you for other purposes authorized by law.

We may disclose Personal Information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone’s rights, property, or safety. Such information will be disclosed in accordance with this Privacy Policy and applicable laws and regulations. As stated above, we do not disclose your Personal Information to third parties for their marketing purposes without your explicit consent.

We may also share your Personal Information with:

• Within WHI and with third-party suppliers to provide joint content and services (including registration, transactions, analytics and customer support), to help detect and prevent potentially illegal acts, violations of our policies, fraud and/or data security breaches, and to guide decisions about their products, sites, applications, services and tools, and communications. Members of our corporate family will use this information to send you marketing communications only if you have requested their services and will use your Personal Information in compliance with their privacy policy and our global privacy standards;
• Service providers under contract who help with our business operations (such as, but not limited to, fraud investigations, bill collection, affiliate and rewards programs, Site operations, and co-branded credit cards).
• Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service);
• Law enforcement, governmental agencies, or authorized third parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any of our other users to legal liability. In such events, we will only disclose information relevant and necessary to the investigation or inquiry, such as name, city, state, ZIP code, telephone number, email address, User ID history, IP address, fraud complaints, and anything else we may deem relevant to the investigation;
• Credit bureaus with which we may report information about your account, including information on late payments, missed payments, or other defaults on your account may be reflected in your credit report;
• Other business entities, should we plan to merge with or be acquired by that business entity. Should such a combination occur, we will require that the new combined entity follow this Privacy Policy with respect to your Personal Information. If your Personal Information would be used contrary to this policy, you will receive prior notice; and/or
• For our internal development and market research, we may collect survey information from you and share the results with our affiliates, consultants, vendors, and service providers as applicable and authorized by this Privacy Policy.

Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will disclose your Personal Information to law enforcement, other government officials, or other third parties only if such parties have a subpoena, court order, or substantially similar legal procedure, or if we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

Communication Preferences and Marketing (Opt-out)

We do not sell or rent your Personal Information to third parties for their marketing purposes without your consent. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content, and advertising.

If you do not wish to receive marketing communications from us, you can indicate your communications preference within the direct communication from us. If do not wish to participate in our ad-customization programs, you can opt-out by following the directions provided within the applicable advertisement.

You can opt-out of receiving marketing communications (including customized ads) from us at any time, but you may not opt-out of administrative emails (for example, emails about your transactions or policy changes).

Tracking Technologies (Cookies)

When you visit the Sites, we automatically collect certain Personal Information, that we then aggregate so that it is not linked to a single, identifiable individual. This information provides us with statistics such as how many users visit this online service and which pages were accessed. By collecting this information, we learn how to best tailor this site to our visitors.

We may also enter into arrangements with outside companies that possess technology that allows us to operate the Sites. Please note that rejecting these tracking technologies (including cookies) may prevent you from using certain functionality on the Sites.

A few important things you should know about our use of Cookies:

• We offer certain features that are available only through the use of Cookies;
  We use both session and persistent Cookies. Session Cookies expire and no longer have any effect when you log out of your account or close your browser. Persistent Cookies remain on your device until you erase them or they expire;
• You are always free to decline Cookies if your browser permits, although doing so may interfere with your use of our websites, applications, and/or services and tools. Refer to the Help section of your browser, browser extensions, or installed applications for instructions on blocking, deleting, or disabling Cookies;
• We encode and protect our Cookies so that only we can interpret the information stored in them;
• You may encounter Cookies from third parties, known as service providers, that we have allowed on our site that assist us with various aspects of our Site operations and Services;
• You also may encounter Cookies from third parties on certain pages of the websites that we do not control and have not authorized. (For example, if you view a web page created by another user, there may be a cookie placed by that web page).

For more information about the use of cookies and similar technologies on our online services please review our Tracking Technologies Policy.

Spam, Spyware, or Spoofing

eBay Inc. does not tolerate spam. We do not send emails to anyone without permission, and we do not sell or rent email addresses to any unauthorized third party. This does not mean that we can prevent spam from happening on the Internet. If you believe that you have received an unsolicited email from us, please contact our Privacy Department as directed below and we will investigate.

Accessing, Reviewing, and Changing Your Personal Information

Registered members can review and change Personal Information at any time by accessing the member page on their country version of the Sites. You should promptly update your Personal Information if it changes or becomes inaccurate. We may retain some information from closed accounts so that we can comply with law, prevent fraud, assist with investigations, resolve disputes, analyze or troubleshoot programs, enforce our User Agreement, or take other actions permitted by law. Likewise if your account or membership is terminated or suspended, we may maintain some information to prevent re-registration.

Protection and Retention

We store and process your information on our servers located in the United States and around the world. We maintain reasonable technical, physical, and administrative security measures to protect the security of your Personal Information against loss, misuse, unauthorized access, disclosure, or alteration. We take steps to ensure that the Personal Information we collect is accurate and up-to-date, and delete any information that is no longer useful or relevant to our operations.

Third Parties

Our Sites may contain links to other third-party websites including those of the Distributors. We are not responsible for the privacy practices or the content of these sites. If you have concerns about how other websites collect and use information about you, make sure to read that site’s own privacy policy.

Children’s Privacy

The Sites are general audience websites, and neither they nor any of their related sites, applications, services, or tools are intended for children under the age of 13. We do not knowingly collect Personal Information via our websites, applications, services, or tools from users in this age group.

Global Privacy Standards

In addition to the privacy practices set out in this Privacy Policy, we are owned by eBay Inc. which has established a set of Corporate Rules (also referred to as “Binding Corporate Rules” or “BCRs”), which are global privacy standards for all eBay Inc. companies, including us.

These BCRs have been approved by a number of European Union privacy regulators. Depending on where you reside, the BCRs may also provide you with some additional privacy rights through your local privacy regulator or court.

For more information about the BCRs and eBay’s global privacy practices and principles, including information on how to contact us with any questions, visit our eBay Privacy Center.

General

Notice to California Residents

Residents of the State of California may request a list of all third parties to which our online service has disclosed certain Personal Information (as defined by California law) during the preceding year for those third parties’ direct marketing purposes. If you are a California resident and want such a list, please e-mail your request to Californiarequest@whi.com: For all requests, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. In the body of your request, please provide enough information for us to determine if this applies to you. You need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

Updates to Our Privacy Notice.

From time to time, we may revise this Privacy Policy to reflect industry initiatives, changes in the law or technology, or changes in our practices regarding information collection and use. If we make material revisions to the way we collect or use your Personal Information such that we are using it for purposes or sharing such data with third parties that you have not consented to, we will provide you with notice of those changes and may do so by either: (1) announcing the change on the home page of our website or (2) taking such other action as we deem appropriate under the circumstances, including without limitation, posting the revised version of this Privacy Policy online. You can determine when this Privacy Policy was last revised by referring to the “Last Updated” legend at the top of this page. Any changes to this Privacy Policy will become effective upon posting of the revised Privacy Policy on the internet, accessible through this site. By continuing to use this online service following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Privacy Policy, as it may be amended from time to time, in whole or in part, please do not continue using our online services.

Your Consent

By using the Services, you are consenting to our processing of the data you provide to us and automatic collection of information as set forth in this Privacy Policy now and as amended by us. “Processing,” means using Cookies or other tracking technologies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the United States, your information will be transferred to the United States, and processed and stored there under United States privacy standards.

Contact Us

If your questions are not answered online, you may write to us at: eBay Inc. Attn: Legal – Global Privacy Practices, 2145 Hamilton Avenue, San Jose, California 95125, or using the Contact Us form. More information about the Global Privacy Office or how to contact us is available at our eBay Privacy Center.

Definitions:

Cookies. A cookie is a data file placed on a device when it is used to visit the online service. HTML5 cookies can be programmed through HTML5 local storage. A Flash cookie (or locally shared object) is a data file placed on a device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your device. Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Also, these tools may not be effective with regard to Flash cookies or HTML5 cookies. Please be aware that if you disable or remove cookies, or HTML5 cookies on your device, some parts of our online services may not function properly, and that when you revisit our online service your ability to limit cookies is subject to your browser settings and limitations.

Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our online service’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or email can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including to count visitors to the online service, to monitor how users navigate the online services, to count how many emails we sent that were actually opened, or to count how many particular articles or links were actually viewed.

Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the online service, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third-party service provider, is active only while you are connected to the online service, and is deactivated or deleted thereafter.

ETag, or entity tag. A feature of the cache in browsers, an ETag is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of device identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies. Use and Disclosure

The following third parties that collect information from you on our Sites have given us notice that you may obtain information on their policies and practices, and in some instances opt-out of certain of their activities, as follows:

PLEASE NOTE: We are not responsible for third-party policies or practices. We try to keep this information current, and will add to and subtract from the chart above as appropriate, but it is provided as a courtesy and may not be current or accurate. Please contact the applicable third parties regarding their privacy and data security policies and practices.

Last Updated: 2/18/2014