Privacy Policy

Del Grande Dealer Group

Last Updated May 31st, 2020

Welcome to the Del Grande Dealer Group (“DGDG,” “we,” “us” or “our”). Our dealerships take your privacy seriously and are committed to safeguarding your privacy both online and at our dealerships. Because we gather certain types of personal information from visitors to our web sites (the “Sites”) and to our dealerships (collectively, the “Services”), 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 gathered by DGDG and our individual dealerships both online and offline, how it is used, and how you can gain access to and edit any data that we’ve collected about you at any time. We will make every reasonable effort to avoid excessive or irrelevant collection of data. By using the Services, you acknowledge that you have read and agree to be bound by this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Services.

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.

Information Collected:

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.
  • Information collected from other sources: We may receive information about you from other sources, such as third party referral web sites. We will ask any provider of such information to represent and warrant that the information has been gathered and maintained in accordance with all applicable laws. Any such information will be maintained by us in accordance with the standards set forth in this Privacy Policy along with your other personal information.

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:

We do not disclose consumer personal information to third parties other than as described in this Privacy Policy or in support of our service offerings to customers and consumers. Our dealerships may disclose certain personal information as follows:

  • 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.

Use of Cookies:

We 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. We, and third parties we allow, use cookies and other similar technologies for various purposes, for example to provide you with the convenience of not having to reenter information, such as user IDs and passwords, multiple times during your visits to the Sites. Cookies can also be utilized to help us provide you with information targeted to your interests, based upon your prior browsing on the Sites. Different cookies are used to perform different functions, which we explain below:

  • 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.
  • Analytics: Personal information collected via cookies for analytics purposes, for example, to learn about website traffic and activity. In particular, we use Google Analytics to measure how you interact with our Sites and to improve your user experience.  To learn more about Google Analytics’ data practices and commitment to protecting the confidentiality and security of data, please visit https://support.google.com/analytics/answer/6004245?hl=en. Google also provides a privacy policy and instructions on opting-out of Google Analytics at https://tools.google.com/dlpage/gaoptout.
  • Targeted Advertising: Cookies may be placed by third-party advertising companies, such as Facebook. These companies may use cookies and other similar technologies to collect or receive information from our Sites and elsewhere on the Internet and use that information to provide you with advertisements about goods and services that you may be interested in. If you would like to opt-out of such advertising practices on the particular device on which you are accessing this Privacy Policy, please go to http://optout.aboutads.info/.

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 the Sites have been designed to take advantage of the use of cookies, should you configure your browser to decline their use, certain features of the Sites may not function correctly, and you may be required to renter any user IDs and passwords more frequently.

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.

External Links:

The Sites contain links to other web 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 web site you visit via a link from the Sites.

Passwords:

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.

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. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN PUBLIC POSTING AREAS.

Security:

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.

Assignment:

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:

Except where and to the extent prohibited by law, by using the Services, you and DGDG agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to: (i) Del Grande Dealer Group, at 911 Capitol Expressway Auto Mall, San Jose, CA 95136, or (ii) You, at the address we have on file for you.

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.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.

Choice of Law:

This Privacy Policy has been made in and shall be construed in accordance with the laws of the State of California, without giving effect to any conflict of law principles. Any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Opt-out Procedures:

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.

Changes to this Privacy Policy:

We reserve the right to change and update this Privacy Policy. When we do, we will revise the “Last Updated” date above. We encourage you to examine our Privacy Policy from time to time to ensure you are aware of any changes we may have made. Your continued use of the Sites and affiliated sites after any such update indicates your agreement to the same.

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.

Children:

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:

As noted above, affiliates, third parties who place advertisements on the Sites, and other third-party service providers may collect and use information about your visits to and use of the Sites through the use of cookies, web beacons and other similar technologies. For example, we may work with companies that collect statistical information regarding site usage and provide related analytical services. We may work with third-party advertising companies that use cookies, pixels and web beacons to serve advertisements when you come to the Sites and to generate statistics and metrics related to the delivery of such advertisements. We also may work with third-party advertising platforms and networks that use cookies, web beacons and other technologies to collect non-personally identifiable information about your visits to and interactions with the Sites and other web sites in order to provide targeted communications and other advertisements.

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:

If you are a California resident, state law may provide you with additional rights regarding our use of your personal information. This information is intended to comply with the California Consumer Privacy Act of 2018 and other California state privacy laws (all such laws are collectively referred to for purposes of this Privacy Policy as the “CCPA”). Any terms defined in the CCPA have the same meaning when used in this Privacy Notice.

  1. 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:

Category

Examples (non-exhaustive list)

Identifiers

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).

Commercial information

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.

Geolocation data

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:

  • Identifiers
  • 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]. 

Contact Information:

If you have any questions or comments about this Privacy Policy (including the provisions of the California Privacy Notice) the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California state law, please do not hesitate to contact us using the contact information below.

[email protected]

(408) 979-3718