Del Grande Dealer Group
Last Updated May 31st, 2020
California residents, please see the “California Privacy Notice – Your California Privacy Rights” section below.
PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, REQUIRES YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST DGDG ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS OR CONSOLIDATED CAPACITY.
We collect the following information from and about you:
- Information voluntarily provided on the Sites, at our dealerships or over the phone: We may collect personal information you voluntarily provide to us (e.g., name, e-mail address, etc.) when you enroll in one of our courtesy email reminder services (“E-Mail Reminder Services”), request information, apply for a job, or use any of the other interactive portions of the Sites. We may collect information you voluntarily provide to us (e.g., example, name, email address, home/delivery address, payment information and insurance information, driver’s license number and information) when you visit our dealerships, use certain features on the Sites, or call us on the phone, such as when you test drive a car, purchase a car, or bring your car in for service. We may collect financial information if you wish to obtain financing for a car purchase.
- Usage information: Anytime you visit the Sites, we may gather information regarding the means you use to access the Sites. This information may include, for example, the type and version of your browser, your service provider, your IP address and any search engine you may have used to locate the Sites. We use this information to help diagnose problems with our server, administer the Sites, compile broad statistical data and for advertising/marketing purposes. In addition, we gather certain aggregate, navigational information about where our users go on the Sites. This information enables us to determine which areas of the Sites are most frequently visited and helps us to tailor the Sites to the needs and interests of our online visitors.
Use of Information Collected:
We use the information we collect from you for the following purposes:
- To provide our Services.
- To tailor your experience on our Sites.
- To improve user experiences by making our Services easier to use and navigate.
- To provide you with information, products or services that you request from us.
- To send you marketing communications, including email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
- For ad serving, targeting and retargeting, creation of audience segments, and related OBA (online behavioral advertising) purposes.
- To respond to your requests and inquiries.
- To process job applications with DGDG.
- To comply with legal and/or safety requirements.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
- As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
- To enable anti-fraud and crime prevention efforts.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
- For other legitimate business purposes.
Disclosure of Personal Information:
- To vehicle manufacturers, for safety and warranty purposes. Except as disclosed by the vehicle manufacturer in writing, such information will not be used or shared beyond the vehicle manufacturer or any of its affiliates, partners, or dealerships, for any other purpose;
- To third-party service providers, agents and affiliated entities in connection with the services that they perform for our dealerships, such as providing certain services necessary for the administration of the Sites 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 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 DGDG, you or the public; or
- To legal, financial, and other professional advisors or in connection with the sale or direct or indirect reorganization of all or part of our business or operations.
Except as provided above, we 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 and conduct routine business operations. At the time you register for certain features or services, you may be notified of, and asked to consent to, the sharing of your personal information necessary for the provision of these requested features or services.
- Essential: Some cookies are essential in order to enable you to move around the Sites and use their features, such as accessing secure areas of the Sites. Without these cookies, we cannot enable appropriate content based on the type of device you are using.
- Browsing and Functionality: These cookies remember choices you make on our Sites. For example, when you return to our Sites, these cookies help remember your preferences.
Additionally, the Network Advertising Initiative also offers a means to opt-out of a number of advertising cookies. Please visit https://www.networkadvertising.org/ to learn more. Note that opting-out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted-out will no longer deliver ads tailored to your preferences and usage patterns.
Accessing this Web Site:
The Sites are 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.
The personal information 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. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. Please let us know immediately if you believe your password or record has been compromised.
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. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN PUBLIC POSTING AREAS.
We implement reasonable security measures to ensure the security of your personal information. Please understand, however, that no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk. If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Services or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. We may post a notice via the Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
In the event of a direct or indirect reorganization process, including, but not limited to, a merger, acquisition, bankruptcy, or the sale of all or a portion of our assets, you grant us the right to assign the personal information collected via the Services.
Dispute Resolution and Agreement to Arbitrate:
Both you and DGDG agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS OR CONSOLIDATED CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
Choice of Law:
You may always opt-out of receiving future marketing communications, such as promotions, offers and advertisements, from us through the unsubscribe link provided in each such communication. We will process your unsubscribe requests as soon as possible. Please note that if you have submitted inquiries to multiple DGDG dealerships, when you unsubscribe from one, you may continue to receive marketing from the other dealerships unless you unsubscribe from them as well. Additionally, our sales marketing system is separate from our service marketing system. Therefore, you would need to unsubscribe from both sales and service marketing from each dealership should you wish to no longer receive any communications from DGDG going forward.
Additionally, we may send you transactional communications, including information regarding our Services, information about changes to our policies and other notices and disclosures required by law. Generally, users cannot opt out of these communications, but they will be primarily informational in nature, rather than promotional.
Use of Third-Party Service Provider Behavioral Services:
The Sites may use third-party tracking services to collect non-personally identifiable online demographical and behavioral data generated by website visitors. A data collection script installed on the Sites may collect the following kinds of data: website session activity, including your personal information when entered into a form field such as name, phone, email, or when you arrive at the Sites through a link containing a unique identifier; links that you click, pages that you view, form fields that you select, and text fields that you enter. The information is used to compile your shopping activity to produce an individual shopping profile for you, which contains information about your brand preferences, and to aggregate your web site behavioral data in anonymized form with all other visitors’ anonymized shopping activity data on the Sites to help us analyze industry trends, general shopping patterns, overall consumer demands, and web site performance.
We believe that it is especially important to protect children’s privacy online. We do not knowingly collect or use any personal information from children under the age of 16 and we do not knowingly provide any personal information, regardless of its source, to any third party for any purpose whatsoever from visitors younger than 16 years old. No information should be submitted to or posted by visitors younger than 13 years old.
Collection of Information by Third Parties:
Third-party service providers may also collect information from your devices and may combine personal and non-personal information about you with information from other sources including your visits to this and other web sites, mobile web sites and/or mobile applications across your various devices.
If you would like to obtain more information about the practices of some of these parties, or if you would like to make choices about their use of your information, please click here: http://www.aboutads.info/choices/. More information and additional consumer choice options may be found at this link: http://www.networkadvertising.org/managing/opt_out.asp. Information and additional consumer choice options regarding mobile device tracking may be found at these links (or successor URLs):
- IDFA limit ad tracking (https://support.apple.com/en-us/HT202074)
- AAID reset and opt-out (https://support.google.com/googleplay/android-developer/answer/6048248?hl=en)
How We Respond to Do Not Track Signals:
At this time, our Sites do not recognize automated browser signals regarding tracking mechanisms, which may include Do Not Track instructions.
California Privacy Notice – Your California Privacy Rights:
- Information We Collect:
We may collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
Examples (non-exhaustive list)
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
Protected classification characteristics under California or federal law
Age (40 years or older), race, national origin, citizenship, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy).
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Internet or similar network activity
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
Physical location or movements.
Professional or employment-related information
Current or past job history or performance evaluations.
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades and transcripts.
Inferences drawn from personal information
Profile reflecting a person’s preferences, characteristics, trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.
1. Personal information does not include:
- Publicly available information from government records.
- De-identified or aggregated consumer information.
- Information excluded from the CCPA’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) or clinical trial data;
- Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from our users when they submit a lead form or other web form on the Sites.
- Directly and indirectly from interaction with our Sites (or an affiliated site). For example, website usage details (including without limitation IP address, device ID, geolocation data collected automatically.
- Directly and indirectly from our service providers or their agents.
- From data aggregators/providers and similar vendors.
- From third parties that interact with us in connection with the services we form. For example, we may receive aggregated vehicle sales records for analytics and other purposes.
- From anti-fraud and other crime prevention partners.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
2. Sharing Personal Information:
We may disclose your personal information to a third party for a business purpose.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
- Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
- Protected classification characteristics under California or federal law
- Commercial information
- Internet or similar network activity
- Geolocation data
- Inferences drawn from personal information
3. Categories of Parties to Which We May Disclose Personal Information:
We may disclose your personal information for a business purpose to the following categories of third parties:
- Service providers (including, without limitation, website and internal operations platform providers)
- Automotive OEMs
Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.
4. Your Rights and Choices:
The CCPA provides consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Right to Know
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, such as the specific pieces of personal information we have collected, as well as information about our sale or disclosure for business purposes of your personal information to third parties. Once we receive and confirm your verifiable consumer request, we will disclose to you the information you have requested.
Right to Delete
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
Right to Opt-Out of the Sale of Personal Information
You have the right to opt-out of the sale of your personal information to third parties. Under the CCPA, “sell” includes the transfer or communication of personal information to another business if the transfer conveys value to the recipient business, even if there is no exchange of money. While we do not sell your personal information in the traditional sense, under the CCPA, some of our business activities may be considered a “sale” of personal information. You may click on the “Do Not Sell My Personal Information” link in the footer of the Sites to opt-out. We do not knowingly sell the personal information of consumers under the age of 16 without affirmative authorization.
Right to Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, 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.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Please submit a request using the contact information provided below. We may need you to provide additional information to verify your request, such as providing certain data elements so that we can confirm they match the personal information already maintained by us. We will not use this additional information for anything other than handling your request. You may designate an authorized agent to make a request in certain circumstances on your behalf. Such authorized agent must be registered with the California Secretary of State.
We will endeavor to fulfill your request within 45 days of receiving that request. If we require additional time, we will inform you of the reason and extension period in writing.
5. Shine the Light
If you are a California resident, California Civil Code Section 1798.83 permits you to make a request, once a year, for information regarding the disclosure of your personal information to third parties for those third parties’ direct marketing purposes. To make this request, please submit a request via email at [email protected].