Privacy Policy

This Privacy Policy applies to your use of the Digital Concierge app, by BDM Enterprises, Inc., an Illinois corporation. This Privacy Policy applies to BDM’s use of any and all Data collected by BDM or provided by you in relation to your use of the app.

1. Definitions. The following definitions shall apply to all capitalized uses of the terms defined, and to any other use where the definitions provided would reasonably apply.
   1. Data. All information that a User submits to BDM. This definition includes, where applicable, the definition of “Data” provided in any applicable Data Protection Law.
   2. Data Protection Law. Any applicable law relating to the collection, processing, retention, or distribution of personal Data, including but not limited to state laws, federal laws of the United States, and the EU General Data Protection Regulation (GDPR) if a court of competent jurisdiction finds that the laws of that jurisdiction apply to any Data submitted subject to this Privacy Policy.
   3. Privacy Policy. This document, which may be updated from time to time.
   4. BDM. BDM Enterprises, Inc., an Illinois corporation.
   5. User. Any person who accesses the App, either on that person’s own behalf or on behalf of another person or entity, and is not an agent or employee of BDM.


2. Scope. This Privacy Policy applies only to the actions of BDM and Users with respect to the App as accessed through the Apple App Store. It does not extend to any other websites that can be accessed from the service including, but not limited to, any links that BDM may provide to social media websites, regulatory websites, websites that offer the App for sale or otherwise available to use, or the websites of other service providers. For purposes of applicable Data Protection Laws which use this term, BDM is a “data controller.” This means that BDM determines the purposes for which, and the manner in which, your Data are processed.


3. Collected Data. BDM may collect some or all of the following Data:
   1. Personal Information. Personal information such as name, e-mail address, physical address or other geolocation data.
   2. Vehicle Information. Vehicle information such as Vehicle Identification Numbers; license plate numbers; and a vehicle’s year, make and model.
4. Data Collection. BDM may collect Data in the following ways:
   1. By Users. Data may be given to BDM by Users themselves; for example:
      1. When a User accesses the App software through a smartphone or other device.
      2. When a User contacts BDM through the its website, by telephone, postal mail, e-mail, or through any other means.
      3. When a User uses any other service provided by BDM.
   2. Third Parties. Data may be received from other sources including third parties and publicly available sources, such as:
      1. Apple Inc., along with its corporate parents, subsidiaries, and other related companies.
      2. Third party automotive technicians, repair shops, and related businesses.
      3. Insurance companies.
   3. Automatically. Data may be collected automatically from Users when accessing the App.
5. Use of Data. Any or all of the aforementioned Data may be required by BDM from time to time in order to provide Users with the best possible service and experience when using the App.
   1. Repair Estimates. BDM provides digital vehicle inspections for automotive repair purposes. To that end, BDM associates a particular individual’s Data with particular with a particular inspection. This is done for record-keeping purposes.
   2. Customer Support. Customer support data may be used for purposes such as:
      1. Internal record keeping.
      2. Improving BDM's products and services.
      3. Transmission by e-mail or other means of marketing materials that may be of interest to Users, when they have elected to receive such materials.
6. Sharing Data. BDM may share User Data with the following persons for the following reasons:
   1. Agents. BDM's employees, professional advisors, and other agents, in order to provide maximum benefit from BDM's services to Users at minimum cost.
   2. Repair Technicians. Automotive repair companies and their employees and other agents, as well as insurance companies.
   3. Platforms. Apple Inc. and other third-party App platforms that host the App, in order to facilitate bug fixes, patches, updates, and the like.
   4. Law Enforcement. Regulatory and law enforcement authorities, in order to facilitate the detection of unlawful activity or regulatory non-compliance. BDM may use User Data for the above reasons if BDM deems it necessary to do so for a legitimate purpose. If a User is not satisfied with this, then the User has the right to object in certain circumstances. (See Section 10, “User Rights” below.)
7. Marketing. For the delivery of direct marketing to Users via e-mail or other reasonable means, BDM will obtain User consent, either via direct consent (“opt-in”) or implied consent (“soft opt-in”). A soft opt-in is a specific type of consent which applies when Users have previously interacted with BDM (for example, if a User contacts BDM to ask for details about a particular product, and BDM is marketing similar products/services). Under "soft opt-in" consent, BDM will take User consent as given unless specifically refused or withdrawn. For other types of marketing, BDM will obtain explicit consent by, for example, providing a check box which signifies that the User has consent to marketing contact. Users have the right to withdraw consent for marketing contacts at any time.
8. Data Retention. BDM retains User Data as long as reasonably necessary to perform services, and may be retained thereafter for record-keeping purposes until a given User request that User Data be deleted. Users are advised, and agree to accept, that even if BDM deletes any given piece of User Data, that piece of User Data may persist on backup or archival media for legal, tax, or other regulatory purposes.
9. Data Security. All Data held by BDM is encrypted in transit and at rest. If a User suspects any misuse or loss or unauthorized access to User Data, then immediately contact BDM at privacy@bdmenterprises.com.
10. User Rights. Users have the following rights in relation to User Data:
    1. Right to Access. The right to request copies of the information BDM holds about that User at any time, or to request that BDM modify, update or delete such information. BDM will not charge a User for access to the data BDM has about that User, unless the request is unreasonable or duplicative. BDM may, in its discretion, refuse such a request where the law allows. If BDM refuses such a request, the User may further request an explanation for the refusal.
    2. Right to Correct. The right to have a User's Data corrected if it is inaccurate or incomplete.
    3. Right to Erase. The right to request that BDM delete or remove that User's Data from BDM's systems.
    4. Right to Restrict Use of User Data. The right to "block" BDM from using User Data, or to limit the ways in which BDM can use it.
    5. Right to Data Portability. The right to request that BDM move, copy, or transfer a User's Data.
    6. Right to Object. The right to object to BDM's use of a User's Data, including where BDM uses it for otherwise legitimate reasons.
11. Declining or Withdrawing. Users may decline to provide Data, or, after agreeing, may subsequently withdraw permission for BDM to collect Data. However, by declining or withdrawing, certain options may become unavailable, or the entire App may be unusable.
12. Contact. To ask questions regarding User Data, to exercise any of the User Rights set out above, or to withdraw a User's consent to the processing of User Data (where consent is BDM's legal basis for processing that User’s Data), contact Brad McAllister at privacy@bdmenterprises.com.
13. Contact.> The App is not intended for use by minors, and BDM does not knowingly collect Data from anyone under the age of 13. If BDM learns that it has collected Data from someone under the age of 13 without parental consent, then BDM will take steps to delete that Data. Parents can learn more about how BDM handles data by contacting privacy@bdmenterprises.com.
14. Accuracy. It is important that Data held by BDM about Users are accurate and current. BDM requests that Users inform BDM if that Data changes while being stored by BDM.
15. Transfers Outside the European Economic Area. Users located in or subject to the jurisdiction of the European Economic Area (EEA) are advised that Data that BDM collects may be stored and processed in and transferred to countries outside of the EEA. Please note that BDM’s principal place of business is located within in the United States of America. Therefore, for the avoidance of doubt, Users should assume that User Data will be stored in, processed in, and transferred to countries outside of the EEA. Users who do not accept this should not access the App.
16. Changes of Ownership and Control. BDM may expand or reduce its business, and this may involve the sale or other transfer of control of all or part of BDM. Data provided by Users will, where it is relevant to part of BDM's business being transferred, be transferred along with such part of the business, and the recipient shall be permitted to use the Data for the purposes for which the Data were originally supplied to BDM. BDM may also disclose User Data to a prospective purchaser of its business or any part thereof, so long as BDM uses reasonable diligence regarding such purchasers and provides reasonable safeguards for the protection of such Data.
17. Choice of Law. This Privacy Policy shall be governed by, and construed according to, the laws of the United States and the State of Illinois, without regard to conflicts of laws principles. All actions hereunder may be brought only in a U.S. state or federal court having jurisdiction in Cook County, Illinois, and the User hereby consents to venue in these fora.
18. Transfer of Rights. Users may not transfer any of their rights under this Privacy Policy to any other person, although those rights shall attach where reasonable to legal entities and their agents when those agents use the App in the course of their duties. BDM may transfer its rights under this Privacy Policy where BDM reasonably believes that User rights will not be materially affected.
19. Severability. If a court of competent jurisdiction ultimately determines that any portion of this Privacy Policy is unenforceable, then that provision shall be rewritten, interpreted, or otherwise modified to include as much of its nature and scope as will render it enforceable. If that provision cannot be so modified as to be enforceable in any respect, then it shall be severed from this Privacy Policy, and the remainder of the Privacy Policy shall be enforced as if the offending provision were not included.
20. Changes and Revisions. BDM reserves the right to revise this Privacy Policy as BDM, at its sole discretion, may deem necessary or advisable from time to time. All revisions will apply to a User as soon as the User accesses the App after such revisions are posted. Users may contact BDM by e-mail at privacy@bdmenterprises.com to ensure that they have the latest version of this Privacy Policy.