CCPA Privacy Policy

Effective Date: October 23, 2023

Last Reviewed/Updated on: October 23, 2023

This privacy policy for California Residents supplements the information contained in Holley’s Privacy Policy. The privacy policy applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and California Privacy Rights Act of 2020 (“CPRA”), and any terms defined in the CCPA/CPRA have the same meaning when used in this privacy policy.

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA/CPRA’s scope, like:
• Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the California Confidentiality of Medical Information Act (“CMIA”), clinical trial data, or other qualifying research data.
• Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (“FCRA”), the Gramm-Leach-Bliley Act (“GLBA”) or California Financial Information Privacy Act (“FIPA”), and the Driver’s Privacy Protection Act of 1994.

In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

The features, programs, promotions and other aspects of our services requiring the submission of personally identifiable information are not intended for children. We do not knowingly collect personally identifiable information from children under the age of 16. If you are a parent or guardian of a child under the age of 16 and believe they have disclosed personally identifiable information to us, please contact us at the address set forth below. A parent or guardian of a child under the age of 16 may review and request deletion of such child's personally identifiable information as well as prohibit the use thereof.

Use of Personal Information

We do not sell your personal information. We may use or disclose the personal information we collect for the purposes listed in the chart above. We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without first providing you notice.

Sharing Personal Information

We may disclose and have disclosed in the past twelve (12) months personal information to third parties for business purposes as set forth in the chart above. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except for performing the contract. In the preceding twelve (12) months, we have not sold personal information.

We may share information with third parties for the purpose of cross-context behavioral advertising. For opt-out options, please see the California Rights and Choices section below. We do not share the personal information of consumers under the age of 16.

Data Retention

We will retain your personal information for no longer than is necessary for the purposes stated in this privacy policy unless otherwise extending the retention period is required or permitted by law or subject to our retention policies as may be in place from time to time. This data storage period may vary with scenario, product, and service. The standards we use to determine the retention period are as follows:

• The time required to retain personal data to fulfill business purposes, including providing products/services;
• Maintaining corresponding transaction/business records;
• Handling possible consumer queries or complaints and locating problems;
• Whether the consumer agrees to a longer retention period; and
• Whether the law, contracts, or other equivalencies have special requirements for data retention.

Your Rights and Choices

The CCPA/CPRA provides California residents with specific rights regarding their personal information. This section describes your CCPA/CPRA rights and explains how to exercise those rights.

Right to Limit Use and Disclosure of Sensitive Personal Information

The only sensitive personal information we affirmatively collect from you is necessary to perform the services or provide the goods you requested. We may also periodically receive unsolicited information from you that includes sensitive personal information; we make no further use or disclosure of that unsolicited sensitive personal information. If you have questions about sensitive personal information, please see Exercising Limitation, Rectification, Data Portability, and Deletion Rights to contact us.

Right to Opt-Out of Personal Information Sharing

You will be opted in by default to the sharing of personal information as defined under the CCPA/CPRA. You can opt out of the sharing of personal information at any time by clicking on this link (for account holders): https://www.flowmastermufflers.com/account/edit/. Please note, we do not track users across devices, so you will have to opt out from each device where you access our website or services.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you the following:

• The categories of personal information we collected about you
• The categories of sources of the personal information we collected about you
• Our business or commercial purpose for collecting that personal information
• The categories of third parties with whom we share that personal information
• The specific pieces of personal information we collected about you (also called a data portability request)
• If we disclosed your personal information for a business purpose, a list of the disclosures made identifying the personal information categories that each category of recipient obtained

Correct/Rectify Personal Information

You have the right to rectify (correct, update, or modify) the personal information we collect about you. After making such a request, we will take commercially reasonable efforts to correct inaccurate personal information within 45 days of receiving the request. In the event an extension is needed, we may take an additional 45 days when reasonably necessary. In this case, we will provide you with a notice of extension within the first 45-day period.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we have collected from you and retained, subject to certain exceptions. Once we receive your verifiable consumer request, we will delete (and direct our service providers/contractors/other third parties to delete) your personal information from our records unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us, our service providers, contractors, or other third parties to:

• Complete the transaction for which we collected the personal information, provide a good/service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code 1546 et seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, specifically if you previously provided informed consent and deleting that information may seriously impair or render impossible the research’s achievement.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of personal information that are compatible with the context in which you provided it.

Exercising Limitation, opt-out Rectification, Data Portability, and Deletion Rights

To exercise limitation, opt-out, access, rectification, data portability, and deletion rights described above, please submit a verifiable consumer request to us by:

• Email Address: [email protected]
• Accessing the following link (account holders): https://www.holley.com/account/edit/

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your personal information.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We will try our best to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures will only cover the 12-month period preceding the receipt of the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another and allow you to further transmit information if you desire.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising your CCPA/CPRA rights. Based solely on the exercise of your CCPA/CPRA rights, we will not:

• Deny you goods or services;
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits or imposing penalties;
• Provide you with a different level or quality of goods or services; or
• Suggest that you may receive a different price or rate for goods or services or a different level of quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA/CPRA that can result in different prices, rates, or quality levels. Any CCPA/CPRA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Changes to Our Privacy Policy

We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which Flowmaster collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

• Phone: 866-464-6553
• Website: www.flowmastermufflers.com/privacy
• Email: [email protected]
• Postal Address: ATTN: Holley, Inc. Legal Department, 1801 Russellville Rd. Bowling Green, KY 42101