Privacy Policy

1.1 Entity: Forman Pacific, LLC ("EEK Mechanical"), a Delaware limited liability company. We operate misfuel recovery and roadside assistance services in the United States.

1.2 Contact: For all privacy inquiries, requests, or complaints:

2.1 Information You Provide:

• Full name and contact details (phone number, email address)
• Physical address and location data (for service dispatch)
• Vehicle information (license plate, make, model, year, color, fuel type)
• Details about the issue or service required
• Payment information (processed securely via Stripe — we do not store full card details)
• Insurance information (where you request an insurance report)
• Any other information you provide during service or communications

2.2 Information Collected Automatically:

• IP address, browser type, device information, and operating system
• Pages visited, time spent, and interactions on our website
• Referring URLs and search terms
• Approximate location derived from your IP address or provided during booking

2.3 Information from Third Parties:

• Referral information from insurers, roadside assistance providers, motor clubs, or other partners
• Payment confirmation data from Stripe
• Vehicle data from state motor vehicle databases and public vehicle data providers (where required for service delivery and permitted under the Driver's Privacy Protection Act, 18 U.S.C. §§ 2721–2725)

2.4 Call Recordings and Transcripts:

• Phone calls to and from EEK may be recorded for quality assurance, training, dispute resolution, and legal compliance. You are notified at the start of each call that the call is recorded, and by continuing the call you consent to the recording.
• Voicemail messages are recorded and transcribed
• Call recordings and transcripts are stored securely and retained in accordance with Section 8

2.5 AI-Processed Communications:

• SMS, email, and portal messages sent to or from our AI agents (SquEEK, Laura, Whitey, and any other) are collected and stored
• AI voice calls conducted through our automated phone system are recorded and transcribed
• AI-generated summaries and analysis of communications are retained as part of job records

2.6 New Zealand Privacy Act — indirect collection (IPP 3A): Where the Privacy Act 2020 (New Zealand) applies to our handling of your personal information — for example because you are in New Zealand, or information is collected in connection with services governed by New Zealand law — and we collect personal information about you from someone other than you (such as a referrer, insurer, motor club, telephony or AI provider, or another agency), we take steps that are reasonable in the circumstances to ensure you are notified as soon as reasonably practicable after that indirect collection (unless an exception in the Act applies), including that:

• the information has been collected;
• the purpose for which it has been collected;
• the intended recipients;
• the name and address of the agency that collected the information and the agency holding it;
• if collection is authorised or required by law, the particular law;
• your rights of access to, and correction of, personal information under the information privacy principles.

Notice may be given through this Privacy Policy, call announcements, recorded disclosures, SMS, email, your portal, or other direct communication. See also OPC guidance on Principle 3A. Sections 3 and 5 describe purposes, recipients, and sharing for service delivery.

We use your personal information for the following purposes:

3.1 Service Delivery: Dispatching misfuel recovery and roadside assistance, coordinating with contractors, processing bookings, and communicating about your service.

3.2 AI Communication: Our AI agents (including SquEEK for text, Laura and Whitey for voice calls, and any other AI agents) process your messages and calls to provide automated status updates, answer questions, relay information between parties, and facilitate service delivery.

3.3 Payments: Processing payments, issuing invoices, managing refunds, and debt recovery.

3.4 Insurance Reports: Generating insurance reports at your request, including vehicle condition assessments and service records.

3.5 Quality Assurance: Monitoring and improving service quality, training staff and AI systems, and resolving complaints.

3.6 Legal Compliance: Complying with legal obligations, responding to legal process, and protecting our legal rights.

3.7 Safety and Security: Protecting against fraud, misuse, and unauthorized access to our systems.

3.8 Business Operations: Internal record-keeping, analytics, reporting, and improving our services and systems.

3.9 No Sale or Sharing for Cross-Context Behavioral Advertising: We do not sell your personal information, and we do not share your personal information for cross-context behavioral advertising, as those terms are defined under the California Consumer Privacy Act (CCPA/CPRA) and comparable state laws.

We process your personal information on the following bases:

4.1 Consent: By booking our services, making payment, or communicating with us (including via our AI agents), you consent to the collection and use of your information as described in this policy. SMS messaging consent is captured separately and is always optional — see Section 13.

4.2 Contractual Necessity: Processing is necessary to perform our services as set out in our Terms of Service.

4.3 Legitimate Interest: We have a legitimate interest in improving our services, preventing fraud, and protecting our legal rights.

4.4 Legal Obligation: We are required to retain certain records for tax, financial, and regulatory purposes under US federal and state law.

We share your personal information only as follows:

5.1 Service Contractors: We share relevant job details (name, phone, location, vehicle, issue) with our network of independent misfuel recovery and roadside assistance operators to fulfill your service request. Contractors are bound by confidentiality obligations under our Supplier Terms.

5.2 Payment Processors: Stripe, Inc. processes payments on our behalf. Stripe's privacy policy governs their handling of your payment data.

5.3 Technology Providers: We use the following third-party service providers who may process your data:

• Vercel, Inc. — Website hosting and application infrastructure
• Upstash, Inc. — Database services (Vercel KV / Redis)
• Retell AI, Inc. — AI voice call processing and transcription
• Anthropic, PBC — AI language processing for SquEEK coordinator agent
• OpenAI, L.L.C. — AI language processing for validation and transcription
• Microsoft Corporation — SharePoint document storage and email services
• Stripe, Inc. — Payment processing
• Twilio Inc. — SMS messaging

All listed providers are US-headquartered and process data in accordance with their own privacy policies and our data processing agreements with them.

5.4 Insurers and Assessors — Consent Required: EEK Mechanical will not share your personal information or claim details with an insurer, assessor, or any other third party without your explicit consent, except where required by law. Where an insurer or assessor contacts EEK requesting access to your claim file, EEK will:

• Record the insurer's details and the nature of their request
• Contact you via email and your Customer Portal to seek your consent (and via SMS only if you previously opted in to SMS)
• Only share the approved information (insurance report and claim documentation) if you approve — your payment details are never shared with insurers
• Notify the insurer of your decision via email

You can manage and revoke insurer access requests at any time through your Customer Portal.

Note: Communications from EEK Mechanical to insurers and assessors are conducted by email only. EEK does not send SMS messages to insurers or assessors.

5.5 Legal Authorities: We may disclose information where required by law, regulation, court order, subpoena, or governmental request, or where necessary to protect our legal rights.

5.6 Professional Advisors: Accountants, lawyers, and auditors engaged by EEK, bound by professional confidentiality obligations.

5.7 Business Transfers: In the event of a merger, acquisition, or sale of assets, your information may be transferred as part of the business.

5.8 No Sale of Personal Information: We do not sell your personal information for monetary or other valuable consideration, and we have not done so in the preceding 12 months. We do not share your personal information with third parties for their own cross-context behavioral advertising or targeted advertising purposes.

5.9 Mobile Information & SMS Opt-In Carve-Out: The mobile information and SMS consent you provide to EEK Mechanical will not be shared with third parties or affiliates for marketing or promotional purposes. Information-sharing exclusions apply to all categories listed in this Section 5, except that SMS messages themselves are transmitted through our SMS provider (Twilio) solely to deliver the messages to your mobile carrier.

6.1 US Processing: Your personal information is stored and processed in the United States by the providers listed in Section 5.3. We do not transfer personal information of US customers outside the United States.

6.2 Safeguards: Our service providers are contractually bound to protect your information with reasonable administrative, technical, and physical safeguards.

7.1 Security Measures: We implement appropriate technical and organizational measures to protect your personal information against unauthorized access, loss, destruction, or alteration. These include:

• Encryption of data in transit (TLS/HTTPS) and at rest
• Access controls limiting who can view personal information
• Secure authentication for all platform access
• Regular security monitoring and updates

7.2 No Guarantee: While we take reasonable steps to protect your information, no method of electronic transmission or storage is completely secure. We cannot guarantee absolute security.

7.3 Breach Notification: In the event of a data breach that triggers notification obligations under applicable US state data-breach-notification laws, we will notify affected individuals and the relevant state regulators as required, without unreasonable delay.

8.1 Retention Periods: We retain personal information only for as long as necessary for the purposes described in this policy, or as required by law. Specific retention periods include:

• Financial records and invoices: 7 years (consistent with IRS record-retention guidance)
• Service records and job data: 7 years from job completion
• Call recordings and transcripts: 7 years from date of recording
• Communications (SMS, email, portal messages): 7 years from date of message
• SMS consent records: retained for the life of the customer relationship plus 7 years, in accordance with TCPA record-keeping recommendations
• Insurance reports: 7 years from date of report
• Website analytics data: 26 months

8.2 Deletion: After the applicable retention period, personal information is securely deleted or anonymized.

8.3 Active Disputes: Where there is an active dispute, complaint, or legal proceeding, relevant data will be retained until the matter is fully resolved, regardless of the standard retention period.

9.1 Cookies: Our website uses cookies and similar technologies to:

• Maintain your session and preferences
• Analyze website usage and performance
• Facilitate payment processing

9.2 Essential Cookies: Some cookies are essential for our website to function (e.g., session management, security). These cannot be disabled.

9.3 Analytics: We may use analytics services to understand how visitors use our website. This data is aggregated and does not identify individuals.

9.4 Managing Cookies: You can control cookies through your browser settings. Disabling cookies may affect the functionality of our website.

9.5 Do Not Track & Global Privacy Control (GPC): We honor Global Privacy Control (GPC) signals as a valid opt-out of the "sale" or "sharing" of personal information under the CCPA/CPRA and comparable state laws. Because we do not sell or share personal information for cross-context behavioral advertising, GPC signals have no practical effect on your data; however, we treat any such signal as a valid opt-out request.

Depending on the state you reside in, you may have one or more of the following rights regarding your personal information under laws such as the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA/CPRA), the Virginia Consumer Data Protection Act (VCDPA), the Colorado Privacy Act (CPA), the Connecticut Data Privacy Act (CTDPA), the Utah Consumer Privacy Act (UCPA), the Texas Data Privacy and Security Act (TDPSA), the Oregon Consumer Privacy Act (OCPA), and similar state laws:

10.1 Right to Know / Access: You have the right to request access to the categories and specific pieces of personal information we have collected about you, the sources from which it was collected, the purposes for collecting it, and the categories of third parties with whom we have shared it.

10.2 Right to Correct: You have the right to request correction of inaccurate personal information we hold about you.

10.3 Right to Delete: You have the right to request deletion of your personal information, subject to the exceptions permitted by law (e.g., to complete a transaction, comply with a legal obligation, or exercise legal rights).

10.4 Right to Opt Out of Sale or Sharing: You have the right to opt out of the sale or sharing of your personal information. As stated in Sections 3.9 and 5.8, we do not sell or share personal information for cross-context behavioral advertising.

10.5 Right to Opt Out of Targeted Advertising & Profiling: You have the right to opt out of targeted advertising and profiling in furtherance of decisions that produce legal or similarly significant effects. We do not engage in either activity.

10.6 Right to Data Portability: You have the right to receive a copy of the personal information you have provided to us in a portable, usable format.

10.7 Right to Non-Discrimination: We will not discriminate against you for exercising any of these rights.

10.8 How to Exercise Your Rights: To make a request, contact us using the details in Section 1.2 or via our contact form. We may require verification of your identity (typically via a recent booking reference) before processing any request. We will respond to verified requests within 45 days (extendable by a further 45 days where reasonably necessary, with notice to you).

10.9 Authorized Agents: You may designate an authorized agent to make a request on your behalf. The agent must provide written, signed authorization from you, and we may require you to verify your identity directly.

10.10 Appeals: If we decline your request, you have the right to appeal our decision by replying to the decision email. If we deny your appeal, residents of certain states (e.g., Virginia, Colorado, Connecticut) may contact their state Attorney General. California residents may contact the California Attorney General or the California Privacy Protection Agency (CPPA).

To request deletion of your personal information:

1. Submit a request via our contact form, or
2. Call us at (888) 382-8810
3. Provide your name, phone number, and booking reference (if available)
4. Specify which data you wish to have deleted

We will process your deletion request within 45 days, subject to:

• Legal requirements to retain certain records (e.g., financial transactions, tax records — see Section 8)
• Active disputes, complaints, or legal proceedings
• Outstanding payments or obligations

Where full deletion is not possible due to legal obligations, data may be anonymized rather than deleted.

12.1 AI Agent Systems: We operate multiple AI agents to facilitate service delivery, including SquEEK (text-based communications via SMS, email, and portal), Laura (AI voice calls for job coordination and payment), Whitey (AI voice calls for sales and bookings), and any additional AI agents introduced from time to time. These agents process your messages and calls to provide automated responses, status updates, and coordination between customers, contractors, and EEK staff.

12.2 AI Voice Calls: Our AI voice agents (including Laura, Whitey, and any future voice agents) make and receive phone calls via Retell AI. These calls are recorded and transcribed. You will be informed at the start of the call that you are speaking with an AI system.

12.3 Automated Dispatch: Our system uses automated algorithms to match your job with the most suitable available contractor based on location, availability, and performance. This does not involve decisions with significant legal or similarly significant effects on you.

12.4 Human Oversight: Complex issues, complaints, and disputed decisions are escalated to human staff for review. You may request human review of any AI-generated communication or decision by contacting us.

Program Name: EEK Mechanical Service Notifications

13.1 Description: EEK Mechanical sends transactional SMS notifications to US customers and suppliers (service technicians) in connection with vehicle repair and misfuel recovery services. Messages include booking confirmations, service status updates, job dispatch notifications, payment notifications, and operational communications. This is a transactional program only — no marketing or promotional SMS is sent.

13.2 Consent & How You Opt In: SMS opt-in is always optional and is never a condition of receiving service. You can complete a misfuel recovery booking and receive all essential communications by email without ever agreeing to receive SMS. Consent to receive SMS messages is obtained through one of the following affirmative methods:

• Verbal opt-in during inbound call (primary method): When you call our AI agent at (888) 382-8810, the agent reads the following disclosure word-for-word before any SMS is sent: “Would you like me to text you the booking link and service updates? You'll get a booking confirmation, tech ETA, portal link, and payment link — about 3 to 6 texts per job. Message and data rates may apply. Reply STOP to opt out or HELP for help.” The call is customer-initiated. You must verbally confirm “yes” for SMS to be sent. If you say no, your booking link is delivered by email instead. The call is recorded, and consent is logged with the Retell AI call ID, your phone number, and an ISO timestamp.
• Web consent page: You may opt in at our public consent page at eekmechanical.com/sms-opt-in-consent-for-booking-and-service-notifications. You must enter your mobile number and affirmatively tick an unchecked checkbox to confirm consent. The page displays the program name, message types, message frequency, message & data rate disclosure, and STOP/HELP instructions before any opt-in occurs. No SMS is sent before consent is recorded.
• Online booking form: On our booking form at eekmechanical.com/book-service, the communication preference defaults to “Email only”. You may optionally change the preference to “Email + Text (SMS)”. Selecting the SMS option is an affirmative opt-in action — a disclosure displayed next to the option states that you consent to receive transactional SMS messages, describes message types, frequency, msg & data rates, and STOP/HELP instructions.
• Supplier onboarding (separate program): Suppliers (independent service technicians) consent to receive job dispatch and operational SMS notifications during the onboarding process, per our Supplier Terms of Service. Supplier consent is captured on a separate onboarding form and governs a separate message type. Suppliers are not consumers.

13.2.1 What opt-in methods EEK does NOT use: EEK does not use telephone keypad / DTMF (“press 1”) consent, pre-checked consent boxes, or consent bundled into other agreements. EEK does not send unsolicited opt-in solicitation SMS messages: a US mobile number will only ever receive SMS after an explicit consent record has been created through one of the methods in Section 13.2.

For full consent details, see our Terms of Service (Section 5).

13.3 Message Frequency: Message frequency varies based on service activity. Customers typically receive 3–6 messages per service booking (booking confirmation, technician ETA, portal link, payment link, and status updates). Suppliers may receive multiple messages per day during active job periods.

13.4 Message & Data Rates: Message and data rates may apply. Standard carrier messaging rates apply to all SMS messages sent and received. EEK does not charge for SMS messages, but your mobile carrier may.

13.5 Opt-Out: You may opt out of SMS messages at any time:

13.6 Help: For assistance with SMS messaging:

13.7 Supported Carriers: SMS messages are supported on all major US mobile carriers. Carriers are not responsible for delayed or undelivered messages.

13.8 SMS Provider: SMS messages are sent via Twilio Inc. (US). Twilio may process your phone number and message metadata in accordance with its own privacy policy.

13.9 Privacy & Non-Sharing of Mobile Information: Your mobile phone number and SMS messaging data are handled in accordance with this Privacy Policy. We do not sell, rent, or share your mobile phone number or SMS opt-in data with third parties or affiliates for marketing or promotional purposes. Phone numbers are used solely for service-related communications as described in this Section 13.

13.10 TCPA: EEK Mechanical complies with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and related FCC regulations. Our SMS program is strictly transactional. All messages are sent only to US mobile numbers that have provided prior express consent through the methods described in Section 13.2. As transactional messages, verbal consent during a customer-initiated inbound call satisfies the TCPA's “prior express consent” standard.

Our services are directed at licensed drivers and vehicle owners. We do not knowingly collect personal information from children under 13, consistent with the Children's Online Privacy Protection Act (COPPA). If we become aware that we have collected information from a child under 13 without verifiable parental consent, we will delete it promptly. Parents or guardians who believe we may have collected such information should contact us via our contact form.

15.1 Updates: We may update this Privacy Policy from time to time. The updated version will be posted on our website with a revised "Last Updated" date.

15.2 Notification: For material changes that significantly affect how we handle your personal information, we will make reasonable efforts to notify you (e.g., via email or a prominent notice on our website).

15.3 Continued Use: Your continued use of our services after any changes to this policy constitutes acceptance of the updated terms.