DealerPick We sell your salespeople.

Privacy Policy

1. BACKGROUND

This is the official privacy policy and statement of California privacy rights ("Privacy Policy") of Align Research LLC d/b/a DealerPick ("DEALERPICK") and its related website ("THE DEALERPICK WEBSITE" or "Website") and is part of and subject to the terms of use for THE DEALERPICK WEBSITE (the "Terms of Use" or "Agreement"), which can also be found at THE DEALERPICK WEBSITE. Any terms that are not defined in this Privacy Policy shall have such meanings as are set forth in the Terms of Use. By using THE DEALERPICK WEBSITE, or any of the updates and by providing information through or at THE DEALERPICK WEBSITE, you acknowledge that you have read and understood this Privacy Policy and agree to be bound by its terms and conditions. If you do not agree to the terms and conditions of this Privacy Policy, do not use THE DEALERPICK WEBSITE, or provide any information through or at THE DEALERPICK WEBSITE.

This Privacy Policy is intended to apply only to the Personal Information collected by DEALERPICK ("DEALERPICK" or "us") as a result of your use of THE DEALERPICK WEBSITE and does not cover any information collected in any other manner, for any other purpose or by any other website or enterprise. For purposes herein, when we refer to "Personal Information," we mean information such as your name, address, telephone number, blog or other personal website URL, date of birth, email address and any other information that would allow someone to identify you or contact you. Personal Information also includes information about your personal preferences, survey, question or questionnaire responses and your transactions or relationship with THE DEALERPICK WEBSITE and/or automobile dealers, if you have been a user or you have provided this type of information to DEALERPICK and the results of predictive modeling and/or tracking relating to the foregoing. Your provision of such Personal Information may enable you to participate in beta tests, contests, promotions, trial offers, on bulletin boards, to receive text messages and/or emails, to subscribe to newsletters or mailing lists, or to purchase products, content and services using THE DEALERPICK WEBSITE.

DEALERPICK reserves the right, without advance notice to you, to revise this Privacy Policy at any time by posting the revisions and/or the revised Privacy Policy on THE DEALERPICK WEBSITE. Such revisions shall be effective to you immediately upon posting. DEALERPICK encourages you to check this Privacy Policy and our Terms of Use often for updates. DEALERPICK may also email you about any changes to this Privacy Policy when they have been made. Keeping the Personal Information you share with us on THE DEALERPICK WEBSITE secure and ensuring your understanding of how DEALERPICK collects, uses, discloses and maintains your Personal Information is important to DEALERPICK. DEALERPICK endeavors to maintain reasonable physical, electronic and procedural safeguards to protect your Personal Information.

2. RESTRICTED ACCESS

THE DEALERPICK WEBSITE is offered and made available only to users 18 years of age or older, and if you are not yet 18 years old, or your use of our THE DEALERPICK WEBSITE is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions of our Terms of Use, please discontinue using THE DEALERPICK WEBSITE immediately because by using or attempting to use THE DEALERPICK WEBSITE, you are certifying that you are at least 18 years of age and meet all other eligibility requirements for your use of THE DEALERPICK WEBSITE.

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.

All users of THE DEALERPICK WEBSITE are required to provide true, current, complete and accurate Personal Information when prompted, and DEALERPICK will reject and delete any entry that DEALERPICK believes in good faith to be false, fraudulent, or inconsistent with this Privacy Policy.

Your continued participation on THE DEALERPICK WEBSITE indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described below. DEALERPICK may, from time to time, transfer or merge any Personal Information collected offline to online databases, or store offline information in an electronic format. DEALERPICK may also combine Personal Information DEALERPICK collects online with information available from other sources, including information received from our Affiliates, marketing companies, or advertisers. This Privacy Policy covers all such Personal Information and will remain in full force and effect until terminated in accordance with paragraph 11 of the Terms of Use, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.

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.

However, under the law, a business is not required to provide the above-described lists if the business maintains and adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer's Personal Information to third parties for their direct marketing purposes unless (1) the customer first affirmatively agrees to the disclosure or (2) the customer refrains from exercising an option that prevents the disclosure. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of Personal Information and providing a cost-free means to exercise that right.

As stated in this Privacy Policy, as a general policy, DEALERPICK does not share Personal information with third parties for their direct marketing purposes unless you agree to such disclosure -- by opting in to permit DEALERPICK to share such Personal Information. To prevent disclosure of your Personal Information for use in direct marketing by a third party, do not opt-in to such use when you provide personally identifiable information on one of our sites, or, if applicable, opt-out from such use. Please note that whenever you opt-in to receive future communications from a third party or refrain from opting out from such sharing, your Personal Information will be subject to the third party's privacy policy. If you later decide you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use Personal Information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.

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.

To all users of THE DEALERPICK WEBSITE, if you have questions about this Privacy Policy, please 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.

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.

6. REGISTRATION

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.

If you are a registered user, you acknowledge, understand and agree that you are giving DEALERPICK your consent to track your activities, to conduct certain predictive modeling relating thereto and to share such Personal Information and results thereof with third parties, and to track your use of THE DEALERPICK WEBSITE and its functions and features, and agree to this Privacy Policy and our Agreement with you.

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.

13. COOKIES

When you visit THE DEALERPICK WEBSITE, DEALERPICK may send one or more cookies -- a small text file containing a string of alphanumeric characters -- to your computer that uniquely identifies your browser. DEALERPICK uses 'cookie' technology to collect data regarding your visits to THE DEALERPICK WEBSITE, as this helps to track the site use of THE DEALERPICK WEBSITE. This data is stored in aggregate form and is not used to identify any particular user or individual. DEALERPICK uses cookies and similar tracking technologies in a variety of ways. DEALERPICK uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of THE DEALERPICK WEBSITE may not function properly if the ability to accept cookies is disabled.

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.

16. ADVERTISEMENTS/LINKS

THE DEALERPICK WEBSITE may contain advertisements, references and links to other websites and organizations. DEALERPICK may also use third parties to display or serve advertising on THE DEALERPICK WEBSITE and web-based newsletters or other communications which you may choose to receive. Often these third-party advertisers employ cookie and web bug technologies to measure advertising effectiveness. You should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other websites you encounter on the Internet. The use of such technology by these third parties is within their control and not in the control of DEALERPICK. Even if DEALERPICK has a relationship with the third party, DEALERPICK does not control their sites or their policies and practices regarding your Personal Information. This Privacy Policy does not cover any use of Personal Information that an Advertiser or ad server may collect from you. DEALERPICK encourages you to investigate and ask questions directly of them in this regard.

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 DEALERPICK believes your actions violate any law, regulation, our Agreement, this Privacy Policy, or any of our other terms and conditions, rules, offerings or any other services, features or functions of THE DEALERPICK WEBSITE, or if you threaten the rights, property or safety of THE DEALERPICK WEBSITE, its Affiliates, or any of its or their service providers, suppliers, advertisers, customers, users, registered users or any other party;
  • 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.

Parents (including legal guardians) of children that registered on THE DEALERPICK WEBSITE in violation of the Terms of Use who wish to terminate their child's registration must send us an email at privacy@DealerPick.com and provide us with their child's User ID, or alternatively, a parent must provide verifiable identification that he or she is the parent of the ineligible child. Children under the age of 18 that are unknowingly registered on THE DEALERPICK WEBSITE are in violation of our Terms of Use. DEALERPICK will not allow direct access to a user's registration and Personal Information by any person without the user's User ID (Please see above for how to change your preferences or the information associated with your account). If a parent does not have his or her child's User ID, the parent will be required 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. Note: you must include the parent's name, address, telephone and email address, in addition to the child's name and email address associated with the child's User ID registered on THE DEALERPICK WEBSITE, plus the child's date of birth. DEALERPICK will send a confirming email to the parent via the email address provided to verify that the parent wishes to terminate his or her child's registration. The parent must then confirm by sending a reply email to the designated return address. DEALERPICK will then terminate the child's account but will notify the child of the termination request via email and will identify the name, address and e-mail address of the person making the request.

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.

23. QUESTIONS

If you have questions about this Privacy Policy or if you do not understand any information about how DEALERPICK collects, maintains, uses or shares your personally identifiable information, you may email DEALERPICK at: privacy@DealerPick.com, or you may contact DEALERPICK by regular mail at: DEALERPICK, Attention: President,  P.O Box 3633, Manhattan Beach, CA 90266-1633.

Effective Date:  December 27, 2010