2. RESTRICTED ACCESS
In the event that DEALERPICK, our Affiliates, or vendors unknowingly send an email or other message to a child (a person under the age of 18 years) who has improperly registered with THE DEALERPICK WEBSITE, the child or the child's parent or legal guardian always have the right to unsubscribe (opt-out) from receiving future emails or text messages using the opt-out (e.g., unsubscribe) mechanism contained in the email or message or to request termination of the child's registration and status as a registered user with THE DEALERPICK WEBSITE.
3. GENERAL PRIVACY INFORMATION
THE DEALERPICK WEBSITE is designed and targeted to United States ("U.S.") audiences and is governed by and operated in accordance with the laws of the "United States." DEALERPICK makes no representation that THE DEALERPICK WEBSITE is operated in accordance with the laws or regulations or is governed by other nations. If you are located in the European Union or elsewhere outside of the U.S. and you use THE DEALERPICK WEBSITE, you do so at your own risk and initiative, and you are responsible for compliance with all of the laws and regulations that apply to you. Please be aware that any Personal Information you provide to DEALERPICK or DEALERPICK obtains as a result of your use of THE DEALERPICK WEBSITE, including applications submitted to dealer locators, your responses to surveys, questions and questionnaires will be transferred to the U.S. and subject to U.S. law. By using THE DEALERPICK WEBSITE, participating in any THE DEALERPICK WEBSITE activity and/or providing DEALERPICK with your Personal Information, you consent to the transfer and processing of Personal Information to the U.S. and in other countries that may not have an equivalent level of protection or a level of data protection considered adequate in the European Union or European Economic Area. Consequently, you hereby waive any claim that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction.
If you provide personal information to us with respect to potential employment opportunities with DEALERPICK, such as your resume, DEALERPICK will treat such personal information as confidential and use it only to consider you for current and future employment opportunities and to contact you with respect to employment with us or DEALERPICK's Affiliates. An "Affiliate" is a person or entity that directly or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, DEALERPICK. We may retain your information for further recruitment opportunities that may arise, unless you tell us that you no longer wish for us to retain your information.
4. CALIFORNIA PRIVACY RIGHTS
A California resident who has provided Personal Information to a business with whom he/she has established a business relationship for personal, family, or household purpose is entitled to request information about whether the business has disclosed Personal Information to any third party for the third party's direct marketing purposes. In general, if the business has made such a disclosure of Personal Information, upon receipt of a request by a user, the business is required to provide a list of all third parties to whom Personal Information was disclosed in the preceding calendar year, as well as a list of the categories of Personal Information that were disclosed.
If you are a California resident and request information about how to exercise your third-party disclosure choices, you may send an email to privacy@DealerPick.com, or you may contact us by regular mail at: DEALERPICK, Attention: President, P.O Box 3633, Manhattan Beach, CA 90266-1633.
All requests sent via postal mail must be labeled "Your California Privacy Rights" on the envelope or post card and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and ZIP Code. (Your street address is optional if you wish to receive a response to your request via email. Please include your ZIP Code for our own recordkeeping.) DEALERPICK will not accept requests via the telephone or by facsimile. DEALERPICK is not responsible for notices that are not labeled or not sent properly or do not have complete information.
5. COLLECTION AND USE OF PERSONAL INFORMATION
DEALERPICK collects Personal Information about you when you visit THE DEALERPICK WEBSITE and when you input information, whether you are registering to use any service, such as the DEALERPICK User Forums, features or functions of THE DEALERPICK WEBSITE, participating in promotions, or in the course of any other exchange of information, transaction and activity, including responding to surveys, questions and questionnaires. DEALERPICK may use the information DEALERPICK obtains from you, including Personal Information, to tailor your experience on THE DEALERPICK WEBSITE, to display Content DEALERPICK thinks may be of interest to you, to let DEALERPICK customize what you see when you visit THE DEALERPICK WEBSITE according to your preferences or to share with third parties as permitted hereunder.
It is your responsibility to give DEALERPICK current, complete, truthful and accurate information and to keep the Personal Information that you provide to DEALERPICK up to date. DEALERPICK cannot and will not be responsible for any problem or liability that may arise if you do not give DEALERPICK accurate, truthful or complete information or you fail to update the information you give DEALERPICK.
You are solely responsible for maintaining the strict confidentiality of your user name and password and for any charge, cost, expense, damage, liability and loss we incur or may suffer as a result of your failure to do so. You are solely responsible and liable for your activity, behavior, use and conduct on THE DEALERPICK WEBSITE and for any use of the website or any other activity or conduct in connection with THE DEALERPICK WEBSITE, by any others who use your user name or password, unless and until you notify DEALERPICK that your user name or password may have been compromised, misappropriated or improperly taken, or used by another party. Bear in mind that when you submit information to DEALERPICK, it does not guarantee DEALERPICK will permit you to use any or all of the features of functions of THE DEALERPICK WEBSITE.
As DEALERPICK continues to develop our business, DEALERPICK might sell certain business assets. In such transactions, User information, including personal information, may be one of the transferred business assets. By submitting your personal information on THE DEALERPICK WEBSITE, you hereby acknowledge, agree, conform and ratify that your User Information may be transferred under such circumstances, including to a third party acquiror.
When you register with THE DEALERPICK WEBSITE, you are required to provide DEALERPICK with your email address as well as additional Personal Information. DEALERPICK will allow you to change the password portion of your User ID as well as certain other Personal Information you have given DEALERPICK in order to keep your information current, but once you select a user name, you will not be able to change that user name you have given DEALERPICK during registration and which is associated with your User ID. Among other things, these kinds of information help DEALERPICK securely identify you as a registered user of THE DEALERPICK WEBSITE and those services, features and functions you have registered or are otherwise authorized to use (e.g., Communities, User Submission). As a registered user of THE DEALERPICK WEBSITE, from time to time, DEALERPICK may also provide you with certain options to opt-in to subscribe to email newsletters and other periodic information. You will also have the right to opt-out or change your preferences at any time by logging in with your User ID and changing the settings in your account or you can opt-out or unsubscribe to particular email communications by responding to that email and using the 'unsubscribe' or opt-out procedure included in that communication.
7. CREDIT CARD INFORMATION
DEALERPICK may ask you to provide your credit card and billing information. Before providing you goods, content, products, memberships or services requiring payment, DEALERPICK must verify that the credit card you provide to DEALERPICK is valid. All of this information is used for credit purposes and is shared with third parties only as necessary for the processing of payments. All credit card information is handled over secure, encrypted connections provided it is submitted by the user through the normal registration process; however, DEALERPICK does not guarantee that unauthorized access will never occur.
8. CONTESTS AND SWEEPSTAKES
Registration may be required to enter promotions such as contests and sweepstakes (collectively, "Promotions") on THE DEALERPICK WEBSITE. These may have a separate registration or entry process and may require your submission of Personal Information. The entry page and/or Rules will provide the specific requirements for the Promotion involved. You may also have the opportunity to opt-in to special offers from our advertisers in connection with many of these types of Promotions.
9. PROMOTIONS AND OFFERS
DEALERPICK may contact THE DEALERPICK WEBSITE users or others that have registered for or participated in various THE DEALERPICK WEBSITE Promotions, transactions or events, or send offers for the purchase of goods and/or services that may of interest to users. You can also use the opt-out mechanism that is contained in the emails DEALERPICK sends you. However, DEALERPICK may continue to contact you via email for administrative or informational purposes, including follow-up messages regarding any services, features or functions you have enrolled or registered to use, any Promotion you have participated in or have entered, goods or services you have ordered or other transactions you have undertaken with THE DEALERPICK WEBSITE.
10. POLLS & SURVEYS
DEALERPICK may from time to time request that you participate in polls and/or surveys to gain a better understanding of how THE DEALERPICK WEBSITE is used and to solicit suggestions for improvements. The information you provide to DEALERPICK if you participate in such polls or surveys is provided voluntarily by you. If you participate in polls or surveys, you do so with the understanding that DEALERPICK reserves the right to store the information you provide and to use such information for the general improvement of THE DEALERPICK WEBSITE.
11. SHARING OF AGGREGATE INFORMATION WITH THIRD PARTIES
Some of the aggregate data DEALERPICK collects in connection with THE DEALERPICK WEBSITE may be shared with advertisers and other business partners of DEALERPICK and/or its Affiliates. Use of their tracking technology is subject to their own privacy policies.
12. USE OF COMMUNITIES
If you use any community feature or function that may be made available on or through THE DEALERPICK WEBSITE, such as the "DealerPick User Forums (the "Forums"), please remember that any information disclosed in these venues is automatically made public. The Forums are intended to allow users of THE DEALERPICK WEBSITE to share and aggregate information about the Website. Only members of THE DEALERPICK WEBSITE may post comments to the Forums, but any user of THE DEALERPICK WEBSITE may read any comment, post or other information provided. By submitting any type of content to the Forums, you grant to DEALERPICK a non-exclusive, royalty-free, irrevocable right to use the content, including in derivative form (e.g., edited for length or use in other media).
You should exercise caution when disclosing any Personal Information in such communities as the Forums or similar communities, as you do not know who will access and use your Personal Information or for what purposes. DEALERPICK will be in no way responsible for the accuracy, use, or misuse of any information that you disclose or receive through these venues, if any, and you should assume that any disclosure you do make in these venues will be available publicly, even without your knowledge or authorization. Additionally, to the extent that THE DEALERPICK WEBSITE may have certain features that allow you to send information to others, DEALERPICK may monitor such messages via electronic software or personnel to check for obscenity, defamation or other types of abusive language, as well as for content that may be of a political nature or infringe DEALERPICK's rights or the rights of others, all of which we may remove at any time. DEALERPICK will not otherwise access these messages except in certain cases, including but not limited to times when we receive specific complaints related to a particular message or are compelled to do so by law. Also for administrative purposes, DEALERPICK may opt to keep a mail log that will include a record of which users sent messages and to which users or email addresses they were sent. We will use the addressee information you enter only to send the emails you request.
14. LOG FILE INFORMATION
When you use The DEALERPICK WEBSITE, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
15. WEB BEACONS
When you use THE DEALERPICK WEBSITE, we may employ "clear GIFs" (a.k.a. Web Beacons), which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients.
DEALERPICK tracks the numbers of visitors to THE DEALERPICK SITE, in part, in order to inform DEALERPICK on how best to improve and update THE DEALERPICK WEBSITE and enhance the experience for all visitors. DEALERPICK uses tracking information on an aggregated basis to help DEALERPICK operate THE DEALERPICK WEBSITE, enhance and improve DEALERPICK's service, improve the look of THE DEALERPICK WEBSITE, display advertising and marketing information and may use such information in predictive modeling and/or share with third parties, as permitted hereunder.
17. DISCLOSURE TO THIRD PARTIES
DEALERPICK does not sell, rent, lease or disclose your Personal Information to unaffiliated entities or entities that are not our advertisers or registered dealers, except in the limited circumstances listed below. As part of your registration process, DEALERPICK will ask you to opt-in to permit the sharing of your Personal Information to advertisers and other third parties. If you opt-in to do so, their use of your information is subject to the advertisers' and or such third parties' own privacy policies. DEALERPICK may disclose Personal Information to Affiliates for marketing or administrative purposes without your prior consent.
18. OPERATIONAL SERVICE PROVIDERS
In addition to the foregoing, DEALERPICK retains the right to disclose your Personal Information to third parties for the purpose of administering and maintaining THE DEALERPICK WEBSITE services, features, functions and operations. DEALERPICK will refer to these third parties as "operational service providers," and DEALERPICK uses operational service providers to efficiently provide the full range of Content and the services, features and functions we bring you and we request that our operational service providers also protect your privacy and not disclose your Personal Information to third party marketers that are not associated with THE DEALERPICK WEBSITE. Additionally, such operational service providers are not permitted to use your Personal Information for their own marketing or promotional purposes.
19. OTHER NON-AFFILIATED THIRD PARTIES
Except as otherwise provided above, DEALERPICK will only make your Personal Information available to non-affiliated third parties in the following limited circumstances:
- When DEALERPICK is compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process);
- If, in its sole discretion, DEALERPICK believes such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect DEALERPICK's business and assets, to defend DEALERPICK's interests and/or to comply with our legal and regulatory obligations;
- Or, in the event of a bankruptcy, merger, acquisition, transfer of control, joint venture or other business combination involving DEALERPICK.
20. SECURITY & PROTECTION OF PERSONAL INFORMATION
DEALERPICK maintains reasonable standards of security and confidentiality. However, for most internet sites, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. DEALERPICK also limits access to THE DEALERPICK WEBSITE by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. DEALERPICK requests that our service providers follow the same policy.
21. REVIEW, UPDATE OR DELETE YOUR PERSONAL INFORMATION
Generally, you may review, update or delete your Personal Information collected by THE DEALERPICK WEBSITE. You may also correct factual inaccuracies. However, Personal Information that is necessary to check eligibility cannot be deleted but can be modified with sufficient verification of the correct information. Deletion or attempted deletion of certain Personal Information, such as your user name, may not be permitted and/or may result in suspension or termination of any registration you may have made. To review, update or delete your Personal Information collected by THE DEALERPICK WEBSITE, please go to your account page from either the DEALERPICK.com home page or any of the links to edit your preferences or the information associated with your account on THE DEALERPICK WEBSITE.
If you wish to review Personal Information collected for Promotions such as contests and sweepstakes, you will need to send an email to privacy@DealerPick.com, or you may contact us by regular mail at: DEALERPICK, Attention: President, P.O Box 3633, Manhattan Beach, CA 90266-1633. Personal Information collected for certain Promotions, such as contests or sweepstakes entries are subject to corporate and regulatory recordkeeping requirements and will not be deleted upon the user's request unless the entrant is a child under the age of 18 years old.
22. RESERVATION OF RIGHTS
DEALERPICK reserves the right to deny access, use and registration privileges to any user, including, without limitation, a user of any service, feature or function of THE DEALERPICK WEBSITE, if DEALERPICK believes there is a question about the identity of the person trying to access any service, feature or function of THE DEALERPICK WEBSITE. If the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. In such cases, DEALERPICK will provide to you an explanation of why access cannot be provided and a contact person for further inquiries.
Effective Date: December 27, 2010