PRIVACY POLICY, TERMS & ARBITRATION

Privacy Policy, Terms and Arbitration

Use of this web site signifies your acknowledgement and consent to this privacy policy. Please read this privacy policy carefully before using this web site.

Our dealership takes your privacy seriously and is committed to safeguarding your privacy online. Because we gather certain types of personal information from visitors to this web site (e.g. name, e-mail address, etc.), we have developed this privacy policy (the “Privacy Policy”) to help you understand the terms and conditions surrounding the collection and use of your personal information. This Privacy Policy discloses the types of personal information we gather, how it is used, and how you can gain access to and edit any data that we’ve collected about you at any time.

Guiding Principles – Our Privacy Policy has been developed using the following guiding principles:

Our dealership collects personal information online primarily to provide our visitors with a more relevant experience on this web site. When doing so, we will make every reasonable effort to avoid excessive or irrelevant collection of data. Our dealership will take reasonable physical, electronic and managerial measures to safeguard and secure any personal information you provide to us (e.g. data will be stored in protected databases on secured servers with restricted access). However, given that electronically submitted data is not 100% secure, we make no representations or warranties as to the security of any personal information you submit online, which you do at your own risk.

Disclosure of Personal Information:

We do not sell, rent, or trade consumer personal information to third parties other than as described in this Privacy Policy. Our dealership may disclose certain personal information as follows:

– to business partners, such as third party service providers, agents and affiliated entities in connection with the services that they perform for our dealership, such as providing certain services necessary for the administration of this web site and the provision of certain interactive functionalities. Please note that some of our agents and contractors are located outside of the country and, as such, are subject to foreign laws, including laws that may require disclosure of personal information to government agencies in those countries;

– to law enforcement agencies for the purposes of investigating fraud or other offences; or

– to legal, financial, and other professional advisors or in connection with the sale or reorganization of all or part of its business or operations.

Except as provided above, our dealership will not use or disclose personal information for purposes other than those for which it was collected, except with your consent, as required or permitted by law, and to provide the features and service(s) you’ve requested. At the time you register for any such feature or service, you will be notified of, and asked to consent to, the sharing of your personal information necessary for the provision of these requested features or services.

Non-Personally Identifiable Data:

Anytime you visit this web site, we may gather certain non-personally identifiable information regarding the means you use to access our site. This information may include the type and version of your browser, your service provider, your IP address and any search engine you may have used to locate the site. We use this information to help diagnose problems with our server, administer the Web site, and compile broad statistical data. In addition, we gather certain navigational information about where you go on this web site. This information enables us to determine which areas of the Web sites are most frequently visited and helps us to tailor the sites to the needs and interests of our online visitors. Such information is gathered by us in the aggregate and will not be associated with a specific individual without that individual’s consent.

Use of Cookies:

Our dealership may use a browser feature known as a “cookie.” Cookies are small files placed on your hard drive that assist us in providing you with a customized browsing experience. Our dealership uses cookies to provide you with the convenience of not having to reenter information, such as user IDs and passwords, multiple times during your visits to this web site. Cookies can also be utilized to help us provide you with information targeted to your interests, based upon your prior browsing on this web site. The “help” section of the toolbar on most browsers will inform you on how to prevent your browser from accepting new cookies, how to have the browser notify you upon the receipt of a new cookie, or how to disable the use of cookies completely. As this web site has been designed to take advantage of the use of cookies, should you configure your browser to decline their use, certain features of this web site may not function correctly and you may be required to renter any user IDs and passwords more frequently.

Information Voluntarily Provided:

Any personal information you provide to us (i.e. name, e-mail address, etc.) when you enroll in one of our E-Mail Reminder Services, request information, or use any of the other interactive portions of this web site may be used to provide you with information you’ve requested about our company, our products and our services, or to provide you with special notices. You may opt out of receiving future communications at any time (see opt-out Procedures below). This data may also be used to tailor your experience on this web site by providing content that is relevant to your interests and geographic region.

Information Collected from Other Sources:

To help us better understand and respond to your needs and interests, we may in the future receive information about you from other sources. We will ask any provider of such information to represent and warrant that the information has been gathered and maintained in accordance with all state and federal laws. Any such information will be maintained by us in accordance with the standards set forth in this privacy policy along with other personal information you’ve provided.

Disclosure of Personal Information:

Our dealership understands the importance of your privacy. We collect and maintain the personal information of our consumers for our use and our subsidiaries. We do not sell, rent, or trade consumer information to third parties, other than as described below, and never without your consent. Third parties may collect personally identifiable information about your online activities over time and across different websites when you use this website.

Business Partners:

Our dealership may partner with select retailers and other companies at various times to provide expanded services to our site visitors. As part of such a relationship, we may share with these companies the use of certain interactive Web site functions (i.e. the E-Mail Reminder Service). Information provided by site visitors through the use of such interactive functions may be available to both our dealership and our partners.

Agents:

Our dealership may use other companies and individuals to perform certain functions on our behalf. Examples include administering e-mail services and running special promotions. Such parties only have access to the personal information needed to perform these functions and may not use or store the information for any other purpose. Subscribers or site visitors will never receive unsolicited e-mail messages from agents working on our behalf.

Business Transfers:

In the event that our dealership sells or transfers a particular portion of its business assets, consumer information may be one of the business assets transferred as part of the transaction. If substantially all of the assets of our dealership are acquired, consumer information may be transferred as part of the acquisition.

Compliance with Law/Safety:

Our dealership may disclose specific personal information based on a good faith belief that such disclosure is necessary to comply with or conform to the law or that such disclosure is necessary to protect the users of our Web sites, the sites themselves, or the public.

With Consent:

Other than as set forth in this Privacy Policy, you will be notified when any personally-identifiable information about you may be shared with third parties, and you will be given the opportunity to decline to share that information.

Use of Cookies:

Our dealership may use a browser feature known as a “cookie.” Cookies are small files placed on your hard drive that assist us in providing you with a customized browsing experience. Our dealership uses cookies to provide you with the convenience of not having to reenter information, such as user IDs and passwords, multiple times during your visits to our Web sites. Cookies can also be utilized to help us provide you with information targeted to your interests, based upon your prior browsing on our Web sites. The “help” section of the toolbar on most browsers will inform you on how to prevent your browser from accepting new cookies, how to have the browser notify you upon the receipt of a new cookie, or how to disable the use of cookies completely. As our Web sites have been designed to take advantage of the use of cookies. Should you configure your browser to decline their use, certain features of our Web sites may not function correctly and you may be required to renter any user IDs and passwords more frequently.

Accessing Our Web Sites from Outside of the United States:

This web site is hosted on servers located in the United States. As such, your connection will be through and to servers located in the U.S. Any personal information you provide during your visit will be processed and maintained on our Web server and other internal systems located within the U.S.

External Links:

This web site contains links to other sites. Our dealership is not responsible for the privacy practices or the content of such web sites. To help ensure the protection of your privacy, we recommend that you review the privacy policy of any site you visit via a link from this web site.

Passwords:

The personal data record created through your registration with this web site can only be accessed with the unique password associated with that record. To protect the integrity of the personal information contained in this record, you should not disclose or otherwise reveal your password to third parties.

Public Forums:

This web site may make chat rooms, forums, message boards, and/or news groups available to its users at various times. Please remember that, unless otherwise stated, any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information in these areas.

Opt-out Procedures:

You may always opt-out of receiving future communications from our dealership. This web site allows users to opt-out of receiving such communications at the point where personal information is requested, or through other means as identified.

Browser-Based Do Not Track:

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. Because there is not yet an accepted standard for how to respond to a DNT signal, we do not currently respond to DNT signals on this website or on websites where we provide advertisements, content, or other services.

Changes to this Privacy Policy:

We reserve the right to change and update this Privacy Policy. These changes will be made when appropriate, in a timely manner. We encourage you to examine our Policy from time to time to ensure you are aware of any changes we may have made.

Arbitration Agreement:

By using this Site, You and we agree that any controversy, claim, suit, demand, counterclaim, cross claim, or third party complaint, arising out of, or relating to the Site, your use of the Site, a contemplated transaction for a vehicle or related services, a credit application, including any efforts to finance or obtain financing for a vehicle, or the parties’ relationship (whether statutory or otherwise and irrespective of whether the financing approval was actually obtained), including, but not limited to, any matter that may have induced you the Customer to enter into a relationship with the Dealership (collectively referred to as “Claim”) and/ or the validity and enforceability of this arbitration provision, shall be submitted to final and binding arbitration in the county and state where Dealership is situated.

The agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §1, et seq. and not by any state rule or statute governing arbitration. This agreement to arbitrate shall survive consummation and/or termination of the contemplated transaction and/or efforts to finance or obtain financing for a vehicle. The Parties agree that Claims shall be arbitrated by a single arbitrator on an individual basis and not as a class or mass action. The Parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims. YOU EXPRESSLY WAIVE ANY RIGHT TO ARBITRATE A CLASS OR MASS ACTION OR TO A JURY TRIAL. Arbitration shall be administered by either: JAMS Arbitration, Mediation, and ADR Services, 600 Brickell Ave., Suite 2600, Miami, FL 33131 (www.jamsadr.com) or any other nationally recognized organization that the parties may choose subject to mutual approval. Arbitration shall be administered according to the arbitration service’s then current applicable rules and procedures except the parties expressly waive the applicability of any rule governing class or mass action. Customer can obtain a copy of the applicable rules by contacting the arbitration organization or visiting its website. Arbitration fees shall be administered according to the arbitration service’s fee schedule and then current applicable rules. The arbitrator shall be selected pursuant to the applicable rules and shall establish the procedure and scheduling of the arbitration, bearing in mind its expedited nature. The arbitrator shall be governed by the ethical rules of the selected arbitration service, the federal rules of evidence and the governing substantive law in making an award. The arbitrator’s award shall be final and binding on all parties. Any state or federal court having jurisdiction may enter judgment on the arbitrator’s award. To the extent that any part of this agreement is ruled illegal or unenforceable by the arbitrator or any other finder of fact or law, such clause shall be deemed severed and the remaining provision shall survive. IF A DISPUTE IS ARBITRATED ACCORDING TO THIS PROVISION, YOU UNDERSTAND AND AGREE: (1) TO RESOLVE ALL DISPUTES WITH DEALER BY BINDING ARBITRATION RATHER THAN IN COURT; (2) THAT YOU GIVE UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLAIM AGAINST DEALER, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL OR CLASS CLAIMS OR OF MASS ACTION CLAIMS; AND (3) THAT OTHER RIGHTS YOU AND WE MIGHT HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION, FOR EXAMPLE, THE AMOUNT OF DISCOVERY. REGARDLESS OF THE ENFORCEABILITY OF THIS ARBITRATION PROVISION, YOU HEREBY EXPRESSLY WAIVE ANY AND ALL RIGHT TO A JURY TRIAL ON ANY CLAIM, AND WAIVE ANY AND ALL RIGHT TO BRING A CLASS OR COLLECTIVE ACTION ON ANY CLAIM IN COURT.

Telephone Privacy Information:

By providing your wireless phone number to our dealership, you consent to the dealership calling or sending me text messages for any purpose, including marketing. You agree these calls may be about products, goods, or services you previously purchased, or products or services the dealership or one of its marketing partners may market to me for the first time. I understand I may withdraw my consent at any time, but that until such consent is revoked, I may receive text messages from the dealership or one of its marketing partners at my wireless number and that cellular message and data rates may apply to any such call. Consent is not required to purchase goods or services.

Contacting the Web Sites:

If you have questions concerning this Privacy Policy or the practices of this web site, please contact us.

Additional Privacy Policy Terms Related to Reporting System Tool

We use the analytics and reporting system, Foureyes®, (the “Tool”) provided by our website analytics vendor, Adpearance, Inc., an Oregon corporation (“Adpearance”). When used in this section, “we,” “us,” and “our” may refer to us, the dealership and/or Adpearance. To the extent an inconsistency or conflict arises between the terms of the above described privacy policy and this section related to the Tool, the terms of this section will control. This section applies only with respect to the Tool.

How the Tool Works. For each visit to the site, the Tool: (1) identifies the traffic source for the visit; and (2) issues a unique visitor ID number and visitor traffic number. As the user navigates the site, the Tool may track and store the pages visited and features used. The Tool also may link information provided through forms featured on the site or during phone calls with a visitor ID number. Using local storage, the Tool may also store data in the user’s Internet browser or in a data repository on the user’s device for purposes of associating the user with his or her user profile. The Tool operates only on our site and phone system – it does not track information regarding your use of other sites or activities on other sites.

Information Collected and Usage of Information. Adpearance creates a user profile including the user’s visitor ID number and any information the user directly provides through the site or other interactions with the site and/or the company associated with the site (e.g., phone calls and chats). This information may include a user’s personal information, such as name, personal phone number, home address, email address, and similar information. We will not ask for or knowingly associate financial information with your user profile. Unless the user provides us personal information, the information associated with the user profile is limited to information automatically collected as a user browses and interacts with the site, such as the user’s browser type, available plugins, Internet service provider, Internet protocol (“IP”) address and/or mobile device ID, and pages visited, features used, and activities performed on the site. Except as otherwise expressly set forth herein, the information associated with a user profile is used, maintained and disclosed in accordance with the restrictions in this privacy policy, including the obligations of confidentiality and restrictions on disclosure to third parties.

You expressly acknowledge and agree that the information associated with your user profile may be used to understand and analyze the usage of the site, and for the purposes of marketing our products or services to you. In particular, the Tool may automatically generate and send email marketing communications to you (to the extent you have provided your email address as part of your interactions with the site and/or the company associated with the site). The content of those email marketing communications may be based on the pages that you have visited and/or the features you have used on the site. To opt-out of receiving the email marketing communications generated by the Tool, please see the Opt Out instructions below.

The information associated with your user profile will not be used or disclosed to third parties other than for the purpose for which it was collected, without the user’s prior consent. For purposes of clarity, the information collected by the Tool and/or associated with your user profile may be disclosed to the following category of third parties: OEMs: Foureyes® partners with various automotive manufacturers (“OEMs”) as a part of their respective Certified marketing programs and their affiliates. By using this site, you consent to the collection, use and disclosure of your personal information as described herein. If you do not consent, you may opt-out of the use of the Tool (as set out below).

Blocking and/or Disabling the Tool. The Tool gathers information about the user’s computer hardware and software configurations to identify the user each visit and associate the user with their existing user profile. Unlike a “cookie”, and except for local storage discussed below, the system does not store a file on the user’s computer; therefore, the user information gathered is not deleted when the user clears their cache and/or deletes their cookies. In order to disable the tool, see the Opt Out instructions below.

Opt-Out. The Tool’s opt-out functionality is cookie based, so for it to work for you, your browser must allow third party cookies. If you change computers, browsers or delete this cookie, we will no longer know you have opted out, so you will need to opt-out again. To opt out, Click Hereto opt out of our cookie policy.

You may also opt-out of receiving email marketing communications generated by the Tool by sending a request to support@foureyes.io, or by clicking the unsubscribe link on any such email marketing communication you receive.

Please note that clicking the unsubscribe link may only result in your no longer receiving marketing communications generated by the Tool; you may still receive other email marketing communications from the company associated with the site.

As noted above, the Tool may also collect and store information (including personal information) locally on your device using mechanisms such as browser web storage and application data caches. Browser web storage enables websites to store data in a browser on a device. When used in “local storage” mode, it enables data to be stored across sessions. Similarly, an application data cache is a data repository on a device. You may stop local storage from being used by modifying your Internet browser settings, but stopping local storage may result in the site having impaired or limited functionality. Furthermore, disabling local storage will not block the Tool from operating; rather, it will only prevent the Tool from collecting and storing information locally on your device. To disable the Tool, see the Opt-Out instructions above. Further, you should refer to the help provided by your Internet browser for the most up-to-date and accurate instructions on disabling local storage.

Do Not Track Signals. IF YOU DO NOT WANT THE TOOL TO GATHER INFORMATION ABOUT YOUR USER PROFILE AND SITE VISIT, NOW AND FOR FUTURE BROWSING SESSIONS. REFRAIN FROM USING THE SITE. WE DO NOT CURRENTLY RESPOND TO DO NOT TRACK (DNT) SIGNALS.

Accessing, Correcting, and Updating Your Personal Information. To review information that is collected using the Tool, contact Adpearance at info@adpearance.com or Adpearance, Inc., 2035 NW Front Ave, Suite 300, Portland, OR, 97209. We keep information associated with your user profile for as long as we think is necessary or advisable, and we reserve the right to retain it to the full extent permitted by law. If required by law, a governmental order, or similar legal process, we will disclose your information.

Children. This site is not directed at children under age 16, and are prohibited from using this site. We do not knowingly collect personal information from children under age 16, and if we learn that the Tool has collected information of a child under age 16, we will delete the information.

European Union Privacy. If the processing of your information in connection with the Tool is subject to the General Data Protection Regulation 2016/679 (“GDPR”), we have additional obligations and you have additional rights under the GDPR. These rights and obligations are as follows: We will process your personal information using the Tool in order to support our provision of services in connection with your use of the site. The lawful bases for processing your personal information may include:
When you have given consent;
When processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract;
When processing is necessary to protect Adpearance’s or our legitimate interests or that of a third party, except where such interests are overridden by your interests or fundamental rights;
When processing is necessary for compliance with a legal obligation to which we or Adpearance are subject; and
When processing is necessary to protect the vital interests of the data subject or of another natural person.

You have many rights with respect to our processing of your personal information. Depending upon the lawful basis of processing, you may have the right to withdraw consent or object to our processing your personal information.

You have the right to be informed about your personal information and how it is being processed, to access, correct and erase personal information, to restrict further processing, to obtain and reuse your data for your own purposes across different services and to object to processing. You also have the right to lodge a complaint with the relevant EU supervisory authority.

If we transfer your personal information to a recipient in a country outside the European Economic Area, we will do so in compliance with applicable laws with respect to such transfer.

Applicable Law. The Tool is operated and controlled from offices in the United States. If you access the site from locations outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Your access to the site constitutes your agreement to our storage of your personal information within the United States.

This privacy policy is effective on November 1st, 2019. We review this policy at least annually and may amend it from time to time. Except as otherwise required by applicable law, our only notification will consist of posting a new policy.

Supplemental California Privacy Information. We are required by law to provide California residents with certain additional information about their privacy rights under the California Consumer Privacy Act. This information is available at the following link: Click Here.