DEALERSHIP - PRIVACY POLICY
Updated: September 1, 2021
We are committed to protecting the privacy of personal information and the responsible use of that information to deliver personalized, relevant content to our customers. This Privacy Policy applies to this website or mobile application and the websites and mobile applications that display this Privacy Policy (collectively, Sites). We may also operate additional websites or mobile applications that are governed by their own privacy policies. This Privacy Policy describes our policies and procedures for the collection, use and disclosure of your information and data on these Sites and the services available through them (Services).
Our Sites also contain a link to our Website Terms of Use which govern your use of these Sites and the Services available through them. You understand that by using these Sites or Services you agree to the terms of both this Privacy Policy and the Website Terms of Use.
INFORMATION WE COLLECT AND HOW WE COLLECT IT
The personally identifiable information we collect may include your name, address, zip code, phone number, email address, and other identifying information, and may also include information about vehicles you own or lease such as sales and service transaction history, vehicle payments, VIN, and mileage (collectively, Personal Information or PI). We collect PI in a number of different ways and from a number of different sources. We collect PI you provide us through our Sites or when using certain aspects of our Services. We may also collect PI you provide to manufacturers, our authorized vendors, or affiliates, as well as information we obtain from third party databases (collectively, our Partners).
As part of our Services, we may communicate with you via email, mail, call, chat or text. In this capacity, we would have the ability and authorization to read or listen and retain the content of those communications, including contact information. In all cases, the information we may retain and how we may use it are subject to this Privacy Policy and applicable law.
We may also collect usage information about how our Sites and Services are accessed and used. This may include information such as your computer’s IP address, browser type, type of device used, pages on our Sites that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
HOW WE USE AND SHARE YOUR INFORMATION
We use your PI to provide information you request about our products or services, to respond to your inquiries, and to customize information and advertising that we believe may be of interest to you. We may also use your PI to provide you with marketing materials, as well as other information we believe may be relevant to you. We also use remarketing services to advertise to you on third party websites, such as Google, Bing, YouTube and Facebook and their partners. To control or opt out of any of their ad services, or to review their privacy policies, please visit their sites.
We may also use your PI by combining it with non-personal information and aggregating it with information collected from others. We use this aggregated data in a number of ways, such as to improve the quality and value of our Services and to analyze and understand how our Services are used. In addition, we may provide aggregated data to our Partners so that they may understand how people use our Services or their own.
Your PI may be shared with our Partners, and may also be disclosed to third parties who work with us or our Partners. Vehicle manufacturers, for example, may use that information to contact you. We may also work with third parties that provide certain functions or services on our behalf, such as marketing, communications, analyzing data or authenticating contact information.
We require our third party service providers to contractually commit to protecting your PI in accordance with both industry standards and applicable law. While we have implemented policies and procedures to protect PI, we cannot control, and are not responsible for, the manner in which our Partners or other third parties use that PI. Accordingly, you should review their privacy policies, as well.
EXTERNAL LINKS
Our Sites or Services may contain links to other third-party websites. After you leave our Sites, we have no control over the information collected from or about you. We are not responsible, and assume no liability, for the privacy policies and/or practices on any third-party websites. This Privacy Policy only governs information collected by us on our Sites.
COOKIES, ETC.
We use a number of technologies to automatically collect information, including cookies, tracking pixels and web beacons. “Cookies” are small text files sent from a web server that are stored on your device and enable a site to remember you or your preferences. We may use cookies to recognize you and optimize your experiences when visiting our Sites and using our Services. Tracking pixels are small images utilized to track a user, typically for advertising or analytics purposes. Web beacons allow data to be exchanged between systems.
You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. However, if you do not accept cookies, you may not be able to use all of the features of our Sites or Services. Some browsers incorporate a “Do Not Track” (DNT) feature that, when turned on, signals to websites and online services that you do not want to be tracked. However, as there is no accepted standard for how to respond to DNT signals, we do not currently support DNT signals, other than cookies.
HOW WE PROTECT YOUR DATA
We use safeguards that satisfy generally accepted industry standards to preserve the integrity and security of your PI. However, we cannot guarantee the security of information you provide us with certainty or warrant it will not be accessed, disclosed, altered, or destroyed by unauthorized persons. We will make all legally required disclosures of any breach of the security, confidentiality, or integrity of your PI, in the manner and within the time periods required by applicable law.
JURISDICTIONS
Your PI is collected and used by us within the United States. We make no representation that our Privacy Policy complies with the laws of any foreign jurisdictions, including the European Union’s General Data Privacy Regulation. If you choose to provide us with PI from outside the United States, you do so at your own risk and are responsible for compliance with any applicable foreign laws.
COMPLIANCE WITH LAW ENFORCEMENT
We cooperate with government and law enforcement officials, as well as private parties, to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties that we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process, including, but not limited to, subpoenas, to protect our property and rights or that of a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or subject to legal action.
OUR POLICY TOWARDS CHILDREN
Our Sites and Services are not targeted to or intended for use by children. We are concerned about the privacy and safety of children when they use the internet. Accordingly, we will not knowingly request PI online from anyone under the age of 13 without prior, verifiable parental consent. Unfortunately, we cannot always determine the age of a visitor to our Sites or user of our Services.
CORPORATE TRANSFERS
In connection with a corporate merger, acquisition, divestiture, asset sale, joint venture, bankruptcy, dissolution, reorganization, or any other similar transaction or proceeding, we may sell, divest, transfer, assign, share or otherwise engage in a transaction that involves some or all of our assets, including your PI.
OPTING OUT
If you wish to stop receiving email communications from us, you may “unsubscribe” using the link at the bottom of the email you receive. If you wish to be placed on our postal mailing Do Not Contact list, see the “How to Contact Us” section below and provide the name and address as listed on the mailing. To stop text communications, respond to the text with the words “STOP”. You may also control ads appearing on your browser or mobile device by adjusting your settings or using third party ad blocking tools.
CALIFORNIA PRIVACY RIGHTS
If you are a California resident, the California Consumer Privacy Act (CCPA) provides you with certain rights concerning your personal information, including the right to know how and for what purpose businesses collect it, the right to access your data, the right to opt-out of it being sold to third parties and, subject to certain exclusions for legitimate business purposes, the right to have it deleted. If you have further inquiries about your information under the CCPA or wish to opt-out, please contact us as specified below under How to Contact Us.
CHANGES TO OUR PRIVACY POLICY
We may modify our Privacy Policy, at any time and for any reason, by posting the revised Privacy Policy on our Site. Your use of our Sites or Services after any such posting indicates your acceptance of our modified Privacy Policy.
HOW TO CONTACT US
If you have any questions or concerns regarding your privacy when using our Sites or Services, or wish to exercise your rights under the CCPA, please click here to email us: privacy@datadrivenholdings.com.California residents may also call us tollfree at 1-800-624-7094. In certain circumstances, you may have the right to access, update or to delete the information we have on you. We will make every effort to respond promptly and address your concerns.
\r\n\t\t DEALERSHIP – WEBSITE TERMS OF USE (Automotive) \r\n\t\t
\r\n\t\t\r\n\t\t\t \r\n\t\t\tUpdated: September 1, 2021\r\n \r\n\t\t\t \r\n\t\t\t
\r\n\t\t\t\r\n\t\t\tOUR TERMS OF USE\r\n \r\n\t\t\t
\r\n\t\t\tThese Terms of Use (or Terms) apply to this website or mobile application and the websites and mobile\r\napplications that display these Terms (collectively, Sites). These Sites provide you with certain information about\r\nour dealership, vehicles, and services. These Sites may also include applications that enable you to communicate\r\nwith us (by phone, chat, email or text), build and price vehicles, obtain special offers, schedule maintenance,\r\nobtain information on financing, or access other information pertaining to vehicles you own, lease or are\r\ninterested in purchasing or leasing, among other features. \r\n\t\t\t
\r\n\t\t\t\r\n\t\t\tACCEPTANCE OF TERMS\r\n \r\n\t\t\t
\r\n\t\t\tThese Terms govern your use of these Sites and the services we provide through them (Services), whether you\r\naccess the Services directly from the Sites or through a third party application or website. We may also operate\r\nadditional websites or mobile applications that are governed by their own terms of use. \r\n\t\t\t
\r\n\t\t\tPlease read these Terms carefully – by accessing or using any part of these Sites or Services, you agree to be\r\nbound by them. If you do not accept all of these Terms, you may not access or use our Sites or Services. \r\n\t\t\t
\r\n\t\t\t\r\n\t\t\t OUR APPROACH TO PRIVACY \r\n\t\t\t
\r\n\t\t\tWe are committed to protecting the privacy of personal information and the responsible use of that information\r\nto deliver personalized, relevant content to you. The types of information we collect and how we use them are set\r\nforth in our Privacy Policy, which is available through a link on this Site and incorporated into these Terms by\r\nreference. By using the Sites or Services, you consent to the collection and use of personal information in\r\naccordance with our Privacy Policy. \r\n\t\t\t
\r\n\t\t\t\r\n\t\t\tUSER ACCOUNT \r\n\t\t\t
\r\n\t\t\tIn order to access certain features of our Sites or Services, you may be required to register by creating a user\r\naccount. By registering, you agree to: (a) provide and maintain accurate, current, and complete information, (b)\r\nmaintain the security of your username and password, (c) assume full responsibility for any uses of and actions\r\nthat take place through your account, and (d) provide us with immediate notice of any breach of security or\r\nunauthorized use of your account. Your account may be terminated and your profile and any information you\r\nhave provided through these Sites or Services may be deleted, and/or you may be prohibited from using or\r\naccessing the Sites or Services, or any portion thereof, at any time, with or without notice, and for any or no\r\nreason. \r\n\t\t\t
\r\n\t\t\t\r\n\t\t\tLIMITED LICENSE \r\n\t\t\t
\r\n\t\t\tSubject to your complying with these Terms, you are granted a limited, revocable, nontransferable license to\r\naccess and use the Sites and Services to which you have properly gained access, and solely for your information\r\nand personal, non-commercial use. Any use of the Sites or Services other than as specifically authorized by these\r\nTerms is strictly prohibited and will automatically and immediately terminate the rights and licenses granted\r\nherein. Such unauthorized use may also violate applicable laws. \r\n\t\t\t
\r\n\t\t\tUnless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual\r\nproperty (IP) rights, whether by estoppel, implication or otherwise. Except for content you provide, all content on \r\nthe Sites and available through the Services is owned by or licensed to us, with all rights reserved, and is subject\r\nto and protected by copyright and other IP rights and laws. \r\n\t\t\t
\r\n\t\t\t\r\n\t\t\tUSER CONDUCT \r\n\t\t\t
\r\n\t\t\tIn using the Sites or Services, you may not: (a) register an account on behalf of an individual other than yourself,\r\nimpersonate any person or entity, create a false identity, falsely state or otherwise misrepresent yourself, your\r\nage or your affiliation with any person or entity, or attempt to use another person's account; (b) copy, transmit,\r\ndisplay, distribute, download, modify, publish, post, reproduce, or otherwise use the Sites or Services for\r\ncommercial or public purposes without our prior written consent; (c) use data mining, automated scripts, robots\r\nor similar data gathering or extraction tools or processes; (d) use the Sites of Services in any unlawful manner or in\r\nany other manner that could damage, disable, overburden or impair the Sites or Services; or (e) upload, post,\r\ntransmit, share, store or otherwise make available any material that (i) contains software viruses or any other\r\ncomputer code, files or programs designed to interrupt, destroy or limit the functionality of any computer\r\nsoftware, hardware or equipment or that would constitute, encourage or provide instructions for a criminal\r\noffense, violate the rights of any party, or otherwise create liability or violate any law; or (ii) may, in our sole\r\njudgment, be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, vulgar, obscene,\r\nracist, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.\r\n\t\t\t
\r\n\t\t\t\r\n\t\t\t EXTERNAL LINKS \r\n\t\t\t
\r\n\t\t\tThe Sites or Services may include links to third party sites. Any such third party sites, and any information\r\nprovided therein, is made available to you by our Sites “AS IS”, and solely for your information. Some third party\r\nservices may be provided through third party sites that require you to register on those sites. Any such\r\nregistration is separate from registration on our Sites, and will be governed by the terms of the third party site.\r\nYou acknowledge and agree that you are responsible for evaluating the risks associated with using any third party\r\nsites, content, or services and that we have no liability for any services provided on or through such third party\r\nsites and make no representations or warranties concerning the accuracy, integrity or quality of any third party\r\nsites or content. With respect to third party content or links posted on our Sites, we may receive payment or\r\nother consideration, which such content may, but is not required to be, identified as \"sponsored content.\"\r\n\r\n\t\t\t
\r\n\t\t\t\r\n\t\t\tDISCLAIMERS \r\n\t\t\t
\r\n\t\t\tWhile we strive to keep these Sites current, we cannot guarantee the accuracy of information provided through\r\nthe Sites or Services, including, without limitation, the availability or price of any vehicles or auto services or the\r\nterms or your eligibility for any promotions or offers, including any financing or leasing terms or offers, and are\r\nnot responsible for any errors or omissions with respect to the information made available on the Sites or through\r\nthe Services.\r\n\r\n \r\n\t\t\t
\r\n\t\t\tThe Sites and Services, and all content contained therein are provided \"AS IS\", without warranties of any kind,\r\nexpress or implied, including, without limitation, implied warranties of merchantability, fitness for a particular\r\npurpose, or non-infringement. We do not warrant that the Sites or Services will be uninterrupted or error free,\r\nthat any specific information requested will be provided or that the Sites or Services will be free of computer\r\nviruses or other harmful elements. You expressly agree that the entire risk as to the quality and performance of\r\nthis Sites, and the accuracy, timeliness or completeness of the content and Services, is assumed solely by you.\r\nSome states do not allow limitations on implied warranties, so the above limitations, in full or in part, may not\r\napply to you.\r\n . \r\n\t\t\t
\r\n\t\t\tYour use of or access to the Sites or Services may be denied at any time, without or without notice, and for any or\r\nno reason. Any of the Services may be modified or discontinued at any time, without or without notice, and for\r\nany or no reason. You agree that we will not be liable to you or any third party for any denial of access to, or\r\nmodification or discontinuation of, any Services.\r\n\t\t\t
\r\n\t\t\t\r\n\t\t\tTRADEMARKS \r\n\t\t\t
\r\n\t\t\tAll of the trademarks, trade names, service marks, logos, graphics, designs, brands, and service names (Marks)\r\nappearing on the Sites are either our registered trademarks, trademarks or trade dress, or are licensed to us for\r\nour use. None of the Marks may be used, including as part of trademarks and/or as part of domain names, in\r\nconnection with any product or service in any manner that is likely to cause confusion, and may not be copied,\r\nimitated, or used, in whole or in part, without our prior written permission. Nothing on the Sites should be\r\nconstrued as granting, by implication or otherwise, any license or right to use any of the Marks.\r\n\t\t\t
\r\n\t\t\t\r\n\t\t\tCOPYRIGHT \r\n\t\t\t
\r\n\t\t\tIt is our policy to respond to clear notices of alleged copyright infringement, in accordance with the Digital\r\nMillennium Copyright Act and other applicable laws. If you believe that your work has been copied in a way that\r\nconstitutes copyright infringement, or that your IP rights have been otherwise violated, you may file a written\r\nnotice of infringement with our copyright agent containing the following information: (a) electronic or physical\r\nsignature of the person authorized to act on behalf of the owner of the copyright or other IP rights; (b) description\r\nof the copyrighted work or other IP that you claim has been infringed; (c) description of where the material that\r\nyou claim is infringing is located on the Sites; (d) your name, physical address, telephone number, and email\r\naddress; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright\r\nor IP owner, its agent, or the law; and (f) a statement by you affirming that the information provided in your\r\nnotice is accurate and that you are the copyright or IP owner or authorized to act on the copyright or IP owner's\r\nbehalf. Please send the foregoing information to us as provided in the “How to Contact Us” section below. \r\n\t\t\t
\r\n\t\t\t\r\n\t\t\tJURISDICTIONS \r\n\t\t\t
\r\n\t\t\tOur Sites are controlled and operated from within the United States. We make no representation that the Sites or\r\nServices, including the information we collect, complies with the laws of any foreign jurisdictions. If you choose to\r\naccess the Sites or use the Services from outside the United States, you do so at your own risk and are responsible\r\nfor compliance with any applicable foreign laws. \r\n\t\t\t
\r\n\t\t\t\r\n\t\t\tCOMPLIANCE WITH LAW ENFORCEMENT \r\n\t\t\t
\r\n\t\t\tWe will cooperate with government and law enforcement officials, as well as private parties, to enforce and\r\ncomply with the law. We may disclose any information about you to government or law enforcement officials or\r\nprivate parties that, in our sole discretion, we believe necessary or appropriate to respond to claims and legal\r\nprocess including, but not limited to, subpoenas, to protect our property and rights or that of a third party, to\r\nprotect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a\r\nrisk of being, illegal, unethical or subject to legal action. \r\n\t\t\t
\r\n\t\t\t\r\n\t\t\tOUR POLICY TOWARDS CHILDREN \r\n\t\t\t
\r\n\t\t\tAny use of or access to the Sites or Services by anyone under 13 is not permitted and violates these Terms. By\r\nusing or accessing these Sites or Services, you represent and warrant that you are 13 years of age or older and\r\nfully able to agree to and abide by all of our Terms. We may suspend or terminate your user account and delete \r\nany profiles, content, or data you may have created or posted if we believe, in our sole discretion, that you are\r\nless than 13 years old. \r\n\t\t\t
\r\n\t\t\t\r\n\t\t\tINDEMNIFICATION \r\n\t\t\t
\r\n\t\t\tYou agree to indemnify and hold us, our affiliates, our partners and our vendors, and each of our and their\r\nowners, directors, officers, employees, and agents (the Indemnified Parties) harmless from and against any and\r\nall losses, liabilities, claims, demands, damages, costs and expenses, including reasonable attorney's fees, arising\r\nout of or in connection with your use of the Sites or Services, or any violation of these Terms or of any law or the\r\nrights of any user or other third party. \r\n\t\t\t
\r\n\t\t\t\r\n\t\t\tLIMITATION OF LIABILITY \r\n\t\t\t
\r\n\t\t\tIn no event will any of the Indemnified Parties be liable to you or any third party for any indirect, consequential,\r\nexemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use\r\nof the Sites or Services, or any of the content accessed through or downloaded from the Sites, even if they are\r\naware or have been advised of the possibility of such damages. In no case shall the Indemnified Parties’\r\ncumulative liability to you for any cause whatsoever, and regardless of the form of the action, exceed US$10.00.\r\nBecause certain state laws do not allow the exclusion or limitation of certain damages, these limitations, in full or\r\nin part, may not apply to you. \r\n\t\t\t
\r\n\t\t\t\r\n\t\t\tDISPUTE RESOLUTION/GOVERNING LAW \r\n\t\t\t
\r\n\t\t\tWith respect to any dispute, you agree to first contact us as indicated under the “How to Contact Us” section\r\nbelow and work with us in good faith to attempt to resolve the dispute. In the event we are not able to resolve\r\nthe dispute, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or\r\nrelating to these Terms, or the breach or alleged breach thereof, through binding arbitration by the American\r\nArbitration Association (AAA) under the Commercial Arbitration Rules and Supplementary Procedures for\r\nConsumer Related Disputes then in effect for the AAA. The arbitration shall take place in the state and county\r\nwhere our corporate headquarters is located. By visiting or using the Sites or Services, you agree that the laws of\r\nthat state, without regard to its choice of law principles, will govern these Terms and any dispute of any sort that\r\nmight arise between us. The application of the United Nations Convention on Contracts for the International Sale\r\nof Goods is expressly excluded. Notwithstanding the foregoing, either party may seek injunctive or other\r\nequitable relief from any court of competent jurisdiction for matters related to data security, IP, or unauthorized\r\naccess to the Sites or Services. We each agree to waive any and all rights we may have to trial by jury. \r\n\t\t\t
\r\n\t\t\t\r\n\t\t\tCORPORATE TRANSFERS \r\n\t\t\t
\r\n\t\t\tIn the course of a corporate merger, acquisition, divestiture, asset sale, joint venture, bankruptcy, dissolution,\r\nreorganization, or any other similar transaction or proceeding, we may sell, divest, transfer, assign, share or\r\notherwise engage in a transaction that involves some or all of our assets, including your user account information\r\nand content. \r\n\t\t\t
\r\n\t\t\t\r\n\t\t\tGENERAL PROVISIONS \r\n\t\t\t
\r\n\t\t\tIn the event any portion of these Terms is held to be invalid or unenforceable, then such portion shall be\r\nconstrued in accordance with the applicable law as nearly as possible to reflect our original intentions; the\r\nremainder of these Terms shall remain in full force and effect. All provisions of these Terms that, by their terms,\r\nare reasonably expected to survive their termination shall survive such termination. These Terms contain the\r\nentire agreement concerning your use of the Sites and the Services and supersede all existing agreements and all \r\nother oral, written or other communication between us concerning its subject matter. No waiver of these Terms\r\nshall be effective unless in writing. Except as otherwise expressly stated in these Terms, there shall be no third-\r\nparty beneficiaries. \r\n\t\t\t
\r\n\t\t\t\r\n\t\t\tCHANGES TO OUR TERMS \r\n\t\t\t
\r\n\t\t\tWe may modify these Terms, at any time and for any reason, by posting the revised Terms on our primary Site.\r\nYour use of the Sites after any such posting indicates your acceptance of the modified Terms. \r\n\t\t\t
\r\n\t\t\t\r\n\t\t\tHOW TO CONTACT US \r\n\t\t\t
\r\n\t\t\tFor any questions or concerns regarding your use of Sites or Services, please click here to email us: privacy@datadrivenholdings.com.We will make every effort to respond promptly and address your concerns. \r\n\t\t\t
\r\n\t\t\t