Privacy Policy, Terms and Arbitration Agreement
Privacy Policy, Terms and Arbitration Agreement
Privacy Policy, Terms and Arbitration
Use of this web site signifies your acknowledgement and consent to this privacy policy. Please read this privacy policy carefully before using this web site.
Our dealership takes your privacy seriously and is committed to safeguarding your privacy online. Because we gather certain types of personal information from visitors to this web site (e.g. name, e-mail address, etc.), we have developed this privacy policy (the āPrivacy Policyā) to help you understand the terms and conditions surrounding the collection and use of your personal information. This Privacy Policy discloses the types of personal information we gather, how it is used, and how you can gain access to and edit any data that weāve collected about you at any time.
Guiding Principles ā Our Privacy Policy has been developed using the following guiding principles:
Our dealership collects personal information online primarily to provide our visitors with a more relevant experience on this web site. When doing so, we will make every reasonable effort to avoid excessive or irrelevant collection of data. Our dealership will take reasonable physical, electronic and managerial measures to safeguard and secure any personal information you provide to us (e.g. data will be stored in protected databases on secured servers with restricted access). However, given that electronically submitted data is not 100% secure, we make no representations or warranties as to the security of any personal information you submit online, which you do at your own risk.
Disclosure of Personal Information:
We do not sell, rent, or trade consumer personal information to third parties other than as described in this Privacy Policy. Our dealership may disclose certain personal information as follows:
ā to business partners, such as third party service providers, agents and affiliated entities in connection with the services that they perform for our dealership, such as providing certain services necessary for the administration of this web site and the provision of certain interactive functionalities. Please note that some of our agents and contractors are located outside of the country and, as such, are subject to foreign laws, including laws that may require disclosure of personal information to government agencies in those countries;
ā to law enforcement agencies for the purposes of investigating fraud or other offences; or
ā to legal, financial, and other professional advisors or in connection with the sale or reorganization of all or part of its business or operations.
Except as provided above, our dealership will not use or disclose personal information for purposes other than those for which it was collected, except with your consent, as required or permitted by law, and to provide the features and service(s) youāve requested. At the time you register for any such feature or service, you will be notified of, and asked to consent to, the sharing of your personal information necessary for the provision of these requested features or services.
Non-Personally Identifiable Data:
Anytime you visit this web site, we may gather certain non-personally identifiable information regarding the means you use to access our site. This information may include the type and version of your browser, your service provider, your IP address and any search engine you may have used to locate the site. We use this information to help diagnose problems with our server, administer the Web site, and compile broad statistical data. In addition, we gather certain navigational information about where you go on this web site. This information enables us to determine which areas of the Web sites are most frequently visited and helps us to tailor the sites to the needs and interests of our online visitors. Such information is gathered by us in the aggregate and will not be associated with a specific individual without that individualās consent.
Use of Cookies:
Our dealership may use a browser feature known as a ācookie.ā Cookies are small files placed on your hard drive that assist us in providing you with a customized browsing experience. Our dealership uses cookies to provide you with the convenience of not having to reenter information, such as user IDs and passwords, multiple times during your visits to this web site. Cookies can also be utilized to help us provide you with information targeted to your interests, based upon your prior browsing on this web site. The āhelpā section of the toolbar on most browsers will inform you on how to prevent your browser from accepting new cookies, how to have the browser notify you upon the receipt of a new cookie, or how to disable the use of cookies completely. As this web site has been designed to take advantage of the use of cookies, should you configure your browser to decline their use, certain features of this web site may not function correctly and you may be required to renter any user IDs and passwords more frequently.
Information Voluntarily Provided:
Any personal information you provide to us (i.e. name, e-mail address, etc.) when you enroll in one of our E-Mail Reminder Services, request information, or use any of the other interactive portions of this web site may be used to provide you with information youāve requested about our company, our products and our services, or to provide you with special notices. You may opt out of receiving future communications at any time (see opt-out Procedures below). This data may also be used to tailor your experience on this web site by providing content that is relevant to your interests and geographic region.
Information Collected from Other Sources:
To help us better understand and respond to your needs and interests, we may in the future receive information about you from other sources. We will ask any provider of such information to represent and warrant that the information has been gathered and maintained in accordance with all state and federal laws. Any such information will be maintained by us in accordance with the standards set forth in this privacy policy along with other personal information youāve provided.
Disclosure of Personal Information:
Our dealership understands the importance of your privacy. We collect and maintain the personal information of our consumers for our use and our subsidiaries. We do not sell, rent, or trade consumer information to third parties, other than as described below, and never without your consent. Third parties may collect personally identifiable information about your online activities over time and across different websites when you use this website.
Business Partners:
Our dealership may partner with select retailers and other companies at various times to provide expanded services to our site visitors. As part of such a relationship, we may share with these companies the use of certain interactive Web site functions (i.e. the E-Mail Reminder Service). Information provided by site visitors through the use of such interactive functions may be available to both our dealership and our partners.
Agents:
Our dealership may use other companies and individuals to perform certain functions on our behalf. Examples include administering e-mail services and running special promotions. Such parties only have access to the personal information needed to perform these functions and may not use or store the information for any other purpose. Subscribers or site visitors will never receive unsolicited e-mail messages from agents working on our behalf.
Business Transfers:
In the event that our dealership sells or transfers a particular portion of its business assets, consumer information may be one of the business assets transferred as part of the transaction. If substantially all of the assets of our dealership are acquired, consumer information may be transferred as part of the acquisition.
Compliance with Law/Safety:
Our dealership may disclose specific personal information based on a good faith belief that such disclosure is necessary to comply with or conform to the law or that such disclosure is necessary to protect the users of our Web sites, the sites themselves, or the public.
With Consent:
Other than as set forth in this Privacy Policy, you will be notified when any personally-identifiable information about you may be shared with third parties, and you will be given the opportunity to decline to share that information.
Use of Cookies:
Our dealership may use a browser feature known as a ācookie.ā Cookies are small files placed on your hard drive that assist us in providing you with a customized browsing experience. Our dealership uses cookies to provide you with the convenience of not having to reenter information, such as user IDs and passwords, multiple times during your visits to our Web sites. Cookies can also be utilized to help us provide you with information targeted to your interests, based upon your prior browsing on our Web sites. The āhelpā section of the toolbar on most browsers will inform you on how to prevent your browser from accepting new cookies, how to have the browser notify you upon the receipt of a new cookie, or how to disable the use of cookies completely. As our Web sites have been designed to take advantage of the use of cookies. Should you configure your browser to decline their use, certain features of our Web sites may not function correctly and you may be required to renter any user IDs and passwords more frequently.
Accessing Our Web Sites from Outside of the United States:
This web site is hosted on servers located in the United States. As such, your connection will be through and to servers located in the U.S. Any personal information you provide during your visit will be processed and maintained on our Web server and other internal systems located within the U.S.
External Links:
This web site contains links to other sites. Our dealership is not responsible for the privacy practices or the content of such web sites. To help ensure the protection of your privacy, we recommend that you review the privacy policy of any site you visit via a link from this web site.
Passwords:
The personal data record created through your registration with this web site can only be accessed with the unique password associated with that record. To protect the integrity of the personal information contained in this record, you should not disclose or otherwise reveal your password to third parties.
Public Forums:
This web site may make chat rooms, forums, message boards, and/or news groups available to its users at various times. Please remember that, unless otherwise stated, any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information in these areas.
Opt-out Procedures:
Other than as set forth in this Privacy Policy, you will be notified when any personally-identifiable information about you may be shared with third parties, and you will be given the opportunity to decline to share that information.
You may always opt-out of receiving future communications from our dealership. This web site allows users to opt-out of receiving such communications at the point where personal information is requested, or through other means as identified.
Browser-Based Do Not Track:
Some browsers incorporate a āDo Not Trackā (DNT) feature that, when turned on, signals to websites and online services that you do not want to be tracked. Ā Because there is not yet an accepted standard for how to respond to a DNT signal, we do not currently respond to DNT signals on this website or on websites where we provide advertisements, content, or other services.
Changes to this Privacy Policy:
We reserve the right to change and update this Privacy Policy. These changes will be made when appropriate, in a timely manner. We encourage you to examine our Policy from time to time to ensure you are aware of any changes we may have made.
Arbitration Agreement:
By using this Site, You and we agree that any controversy, claim, suit, demand, counterclaim, cross claim, or third party complaint, arising out of, or relating to the Site, your use of the Site, a contemplated transaction for a vehicle or related services, a credit application, including any efforts to finance or obtain financing for a vehicle, or the partiesā relationship (whether statutory or otherwise and irrespective of whether the financing approval was actually obtained), including, but not limited to, any matter that may have induced you the Customer to enter into a relationship with the Dealership (collectively referred to as āClaimā) and/ or the validity and enforceability of this arbitration provision, shall be submitted to final and binding arbitration in the county and state where Dealership is situated.
The agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. Ā§1, et seq. and not by any state rule or statute governing arbitration. This agreement to arbitrate shall survive consummation and/or termination of the contemplated transaction and/or efforts to finance or obtain financing for a vehicle. The Parties agree that Claims shall be arbitrated by a single arbitrator on an individual basis and not as a class or mass action. The Parties agree that the arbitrator may not consolidate proceedings of more than one personās claims. YOU EXPRESSLY WAIVE ANY RIGHT TO ARBITRATE A CLASS OR MASS ACTION OR TO A JURY TRIAL. Arbitration shall be administered by either: JAMS Arbitration, Mediation, and ADR Services, 600 Brickell Ave., Suite 2600, Miami, FL 33131 (www.jamsadr.com) or any other nationally recognized organization that the parties may choose subject to mutual approval. Arbitration shall be administered according to the arbitration serviceās then current applicable rules and procedures except the parties expressly waive the applicability of any rule governing class or mass action. Customer can obtain a copy of the applicable rules by contacting the arbitration organization or visiting its website. Arbitration fees shall be administered according to the arbitration serviceās fee schedule and then current applicable rules. The arbitrator shall be selected pursuant to the applicable rules and shall establish the procedure and scheduling of the arbitration, bearing in mind its expedited nature. The arbitrator shall be governed by the ethical rules of the selected arbitration service, the federal rules of evidence and the governing substantive law in making an award. The arbitratorās award shall be final and binding on all parties. Any state or federal court having jurisdiction may enter judgment on the arbitratorās award. To the extent that any part of this agreement is ruled illegal or unenforceable by the arbitrator or any other finder of fact or law, such clause shall be deemed severed and the remaining provision shall survive. IF A DISPUTE IS ARBITRATED ACCORDING TO THIS PROVISION, YOU UNDERSTAND AND AGREE: (1) TO RESOLVE ALL DISPUTES WITH DEALER BY BINDING ARBITRATION RATHER THAN IN COURT; (2) THAT YOU GIVE UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLAIM AGAINST DEALER, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL OR CLASS CLAIMS OR OF MASS ACTION CLAIMS; (3) THAT OTHER RIGHTS YOU AND WE MIGHT HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION, FOR EXAMPLE, THE AMOUNT OF DISCOVERY; (4) THAT YOU HEREBY EXPRESSLY WAIVE ANY AND ALL RIGHT TO A JURY TRIAL ON ANY CLAIM, REGARDLESS OF THE ENFORCEABILITY OF THIS ARBITRATION PROVISION.
Telephone Privacy Information:
By providing your wireless phone number to our dealership, you consent to the dealership calling or sending me text messages for any purpose, including marketing. You agree these calls may be about products, goods, or services you previously purchased, or products or services the dealership or one of its marketing partners may market to me for the first time. I understand I may withdraw my consent at any time, but that until such consent is revoked, I may receive text messages from the dealership or one of its marketing partners at my wireless number and that cellular message and data rates may apply to any such call. Consent is not required to purchase goods or services.
Contacting the Web Sites:
If you have questions concerning this Privacy Policy or the practices of this web site, please contact us.
Additional Privacy Policy Terms Related to Reporting System Tool
We use the analytics and reporting system, FoureyesĀ®, (the āToolā) provided by our website analytics vendor, Adpearance, Inc., an Oregon corporation (āAdpearanceā). When used in this section, āwe,ā āus,ā and āourā may refer to us, John Sisson Mercedes Benz and/or Adpearance. To the extent an inconsistency or conflict arises between the terms of the above described privacy policy and this section related to the Tool, the terms of this section will control. This section applies only with respect to the Tool.
How the Tool Works.Ā For each visit to the site, the Tool: (1) identifies the traffic source for the visit; and (2) issues a unique visitor ID number and visitor traffic number. As the user navigates the site, the Tool may track and store the pages visited and features used. The Tool also may link information provided through forms featured on the site or during phone calls with a visitor ID number. Using local storage, the Tool may also store data in the userās Internet browser or in a data repository on the userās device for purposes of associating the user with his or her user profile. The Tool operates only on our site and phone system ā it does not track information regarding your use of other sites or activities on other sites.
Information Collected and Usage of Information.Ā Adpearance creates a user profile including the userās visitor ID number and any information the user directly provides through the site or other interactions with the site and/or the company associated with the site (e.g., phone calls and chats). This information may include a userās personal information, such as name, personal phone number, home address, email address, and similar information. We will not ask for or knowingly associate financial information with your user profile. Unless the user provides us personal information, the information associated with the user profile is limited to information automatically collected as a user browses and interacts with the site, such as the userās browser type, available plugins, Internet service provider, Internet protocol (āIPā) address and/or mobile device ID, and pages visited, features used, and activities performed on the site. Except as otherwise expressly set forth herein, the information associated with a user profile is used, maintained and disclosed in accordance with the restrictions in this privacy policy, including the obligations of confidentiality and restrictions on disclosure to third parties.
You expressly acknowledge and agree that the information associated with your user profile may be used to understand and analyze the usage of the site, and for the purposes of marketing our products or services to you. In particular, the Tool may automatically generate and send email marketing communications to you (to the extent you have provided your email address as part of your interactions with the site and/or the company associated with the site). The content of those email marketing communications may be based on the pages that you have visited and/or the features you have used on the site. To opt-out of receiving the email marketing communications generated by the Tool, please see the Opt Out instructions below.
The information associated with your user profile will not be used or disclosed to third parties other than for the purpose for which it was collected, without the userās prior consent. For purposes of clarity, the information collected by the Tool and/or associated with your user profile may be disclosed to the following category of third parties: OEMs: FoureyesĀ® partners with various automotive manufacturers (āOEMsā) as a part of their respective Certified marketing programs and their affiliates. By using this site, you consent to the collection, use and disclosure of your personal information as described herein. If you do not consent, you may opt-out of the use of the Tool (as set out below).
Blocking and/or Disabling the Tool.Ā The Tool gathers information about the userās computer hardware and software configurations to identify the user each visit and associate the user with their existing user profile. Unlike a ācookieā, and except for local storage discussed below, the system does not store a file on the userās computer; therefore, the user information gathered is not deleted when the user clears their cache and/or deletes their cookies.Ā In order to disable the tool, see the Opt Out instructions below.
Opt-Out.Ā The Toolās opt-out functionality is cookie based, so for it to work for you, your browser must allow third party cookies. If you change computers, browsers or delete this cookie, we will no longer know you have opted out, so you will need to opt-out again. To opt out,Ā Click Hereto opt out of our cookie policy.
You may also opt-out of receiving email marketing communications generated by the Tool by sending a request toĀ [email protected], or by clicking the unsubscribe link on any such email marketing communication you receive.
Please note that clicking the unsubscribe link may only result in your no longer receiving marketing communications generated by the Tool; you may still receive other email marketing communications from the company associated with the site.
As noted above, the Tool may also collect and store information (including personal information) locally on your device using mechanisms such as browser web storage and application data caches. Browser web storage enables websites to store data in a browser on a device. When used in ālocal storageā mode, it enables data to be stored across sessions. Similarly, an application data cache is a data repository on a device. You may stop local storage from being used by modifying your Internet browser settings, but stopping local storage may result in the site having impaired or limited functionality. Furthermore, disabling local storage will not block the Tool from operating; rather, it will only prevent the Tool from collecting and storing information locally on your device. To disable the Tool, see the Opt-Out instructions above. Further, you should refer to the help provided by your Internet browser for the most up-to-date and accurate instructions on disabling local storage.
Do Not Track Signals.Ā IF YOU DO NOT WANT THE TOOL TO GATHER INFORMATION ABOUT YOUR USER PROFILE AND SITE VISIT, NOW AND FOR FUTURE BROWSING SESSIONS. REFRAIN FROM USING THE SITE. WE DO NOT CURRENTLY RESPOND TO DO NOT TRACK (DNT) SIGNALS.
Accessing, Correcting, and Updating Your Personal Information.Ā To review information that is collected using the Tool, contact Adpearance atĀ [email protected]Ā or Adpearance, Inc., 2035 NW Front Ave, Suite 300, Portland, OR, 97209. We keep information associated with your user profile for as long as we think is necessary or advisable, and we reserve the right to retain it to the full extent permitted by law. If required by law, a governmental order, or similar legal process, we will disclose your information.
Children.Ā This site is not directed at children under age 16, and are prohibited from using this site. We do not knowingly collect personal information from children under age 16, and if we learn that the Tool has collected information of a child under age 16, we will delete the information.
European Union Privacy.Ā If the processing of your information in connection with the Tool is subject to the General Data Protection Regulation 2016/679 (āGDPRā), we have additional obligations and you have additional rights under the GDPR. These rights and obligations are as follows: We will process your personal information using the Tool in order to support our provision of services in connection with your use of the site. The lawful bases for processing your personal information may include:āØWhen you have given consent;āØWhen processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract;āØWhen processing is necessary to protect Adpearanceās or our legitimate interests or that of a third party, except where such interests are overridden by your interests or fundamental rights;āØWhen processing is necessary for compliance with a legal obligation to which we or Adpearance are subject; andāØWhen processing is necessary to protect the vital interests of the data subject or of another natural person.
You have many rights with respect to our processing of your personal information. Depending upon the lawful basis of processing, you may have the right to withdraw consent or object to our processing your personal information.
You have the right to be informed about your personal information and how it is being processed, to access, correct and erase personal information, to restrict further processing, to obtain and reuse your data for your own purposes across different services and to object to processing. You also have the right to lodge a complaint with the relevant EU supervisory authority.
If we transfer your personal information to a recipient in a country outside the European Economic Area, we will do so in compliance with applicable laws with respect to such transfer.
Applicable Law.Ā The Tool is operated and controlled from offices in the United States. If you access the site from locations outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Your access to the site constitutes your agreement to our storage of your personal information within the United States.
This privacy policy is effective on November 1st, 2019. We review this policy at least annually and may amend it from time to time. Except as otherwise required by applicable law, our only notification will consist of posting a new policy.
Supplemental California Privacy Information. We are required by law to provide California residents with certain additional information about their privacy rights under the California Consumer Privacy Act. This information is available at the following link:Ā Click Here.
ADA Website Accessibility Policy:
We are committed to accessibility and digital inclusion. Our website uses AudioEye technology to assist our guests. Please click on the link in the toolbar (depicted as a person in a circle or as the AudioEye logo) for details about the AudioEye accessibility program which conforms with W3C and WCAG 2.1 Level AA Success Criteria to ensure an optimal user experience for all users.
ADA Test Drive Policy:
If you require a disability accomodation for a test drive, we are committed to working with you to accomodate you. We can install a hand control on any vehicle for you to test drive. Note that this requires installation by a certified technician during service department hours, so we ask that you make an appointment so that we can have the hand control installed in advance. If you require a different type of accommodation, please let us know and we are happy to accommodate you.
FoureyesĀ® Supplemental Privacy Notice
We use the analytics and reporting system and/or customer communications hosted system and service called FoureyesĀ®, (theĀ “Tool”) provided by our website analytics vendor, Foureyes, LLC, a Delaware limited liability company.
When used in this FoureyesĀ® Supplemental Notice (“Foureyes Privacy Notice”), “we,” “us,” and “our” may refer to us,Ā Sunrise Ford Volkswagen of Fort Pierce (“Dealer”), and/or Foureyes, its affiliates or subsidiaries (collectively,Ā āFoureyesā), as applicable. This Foureyes Privacy Notice may be posted or displayed separately on the site or may be appended to another privacy notice or policy posted or displayed on the site (āAdditional Privacy Noticesā). To the extent an inconsistency or conflict arises between the terms of this Foureyes Privacy Notice and any Additional Privacy Notices, the terms of this Foureyes Privacy Notice will control with respect to the tool. However, this Foureyes Privacy Notice applies only with respect to the Tool, and not any other features or functions of the site.
This Foureyes Privacy Notice describes how the Tool works when you visit this site, engaging on phone, email or text communications with us through the Tool and how it collects, uses, and discloses your personal information. Please read this Foureyes Privacy Notice carefully. We may also update or modify this Foureyes Privacy Notice at any time by posting it to this site. Please refer to āEffective Date and Modificationsā below for the effective date of this Foureyes Privacy Notice.
By using this site or our phone system, you consent to the collection, use and disclosure of your personal information as described herein. If you do not consent, you may opt-out of the use of the Tool (as set out below).You may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting the office of our Privacy Officer using the contact information set out below.
How the Tool Works.Ā For each visit to the site, the Tool: (1) identifies the traffic source for the visit; and (2) issues a unique visitor ID number and visitor traffic number. As the user navigates the site, the Tool may track and store the pages visited and features used. The Tool also may collect and link information provided through forms or chat functions featured on the site or during phone calls with a visitor ID number. Using local storage, the Tool may also store data in the user’s Internet browser or in a data repository on the user’s device for purposes of associating the user with his or her user profile. The Tool operates only on the site and our phone system ā it does not track information regarding your use of other sites or activities on other sites.
Purpose of collection.Using the Tool, we collect personal information for purposes related to managing, marketing and developing our businesses as further described herein and including:
- establishing and managing business relations with you
- providing us with information in order to allow us to analyze usage of the site, improve the site, the Tool, and for development of new services and products;
- marketing products and services to you; and
- for other purposes related to the management of our relationship.
Foureyes further collects personal information for purposes of operating and administering the Tool for subscribers of the Tool, such as the Dealer and other third parties.
Information Collected and Usage of Information.Ā The Tool creates a user profile including the user’s visitor ID number and any information the user directly provides through the site or other interactions with the site and/or the company associated with the site (e.g., phone calls and chats). This information, depending on what you provide, may include a user’s name, personal phone number, home address, email address, and similar information provided by the user, whether or not this information is complete or partially entered by the user. If you consent to receiving text messages we collect the phone number that you provide and when you send messages through the Tool, we will also collect your messaging history and any information included in those messages. We will not ask for or knowingly associate financial information with your user profile. Unless the user provides us personal information, the information we collect using the Tool and which is associated with the user profile is limited to information automatically collected as a user browses and interacts with the site, such as the user’s browser type, available plugins, Internet service provider, Internet protocol (“IP”) address and/or mobile device ID, and pages visited, features used, and activities performed on the site. Except as otherwise expressly set forth herein, the information collected and associated with a user profile is used, maintained and disclosed in accordance with the restrictions, consents, and permissions in this Foureyes Privacy Notice and any Additional Privacy Notices (if any), including obligations of confidentiality and restrictions on disclosure to third parties.
You expressly acknowledge and agree that the information associated with your user profile may be used to understand and analyze the usage of the site, and for responding to your communications to us and for the purposes of marketing products or services to you. In particular, where it is lawful to do so (please see additional note below on Canadaās Anti-Spam Legislation), the Tool may automatically generate and send email marketing communications to you (to the extent you have provided your email address as part of your interactions with the site and/or the company associated with the site). The content of those email marketing communications may be based on the pages that you have visited and/or the features you have used on the site. To opt-out of receiving the email marketing communications generated by the Tool, please see the Opt-Out instructions below.
Third Party Disclosure.Unless required or permitted by law, the information associated with your user profile will not be used or disclosed to third parties other than for the purpose for which it was collected, without the user’s prior consent.
For purposes of clarity and in addition to any disclosure to third parties described in any Additional Privacy Notice, the information collected by the Tool and/or associated with your user profile may be disclosed by Foureyes to the following category of third parties or as otherwise authorized or required by law:
(i) OEMs: Foureyes partners with various automotive manufacturers (“OEMs”) as a part of their respective certified marketing programs and their affiliates.
(ii) Third Parties: Foureyes is party to certain agreements with third parties with whom it conducts business regarding the Tool and/or the information collected by the Tool and/or associated with your user profile. Foureyes may disclose your personal information to such third parties who may provide services that facilitate the operation of the Tool, assist us in providing an improved customer experience to you, or assist us in providing improved services to Foureyes’ customers.
Blocking and/or Disabling the Tool.Ā The Tool gathers information about the user’s computer hardware and software configurations to identify the user each visit and associate the user with their existing user profile. Unlike a “cookie”, and except for local storage discussed below, the system does not store a file on the user’s computer; therefore, the user information gathered is not deleted when the user clears their cache and/or deletes their cookies.Ā In order to disable the tool, see the Opt Out instructions below.
Opt-Out.Ā The Tool’s opt-out functionality is cookie based, so for it to work for you, your browser must allow third party cookies. If you change computers or browsers or delete this cookie, we will no longer know you have opted out, so you will need to opt-out again. To opt out,Ā Click Here. Note that opting out of cookies on the Dealerās site will not be an opt out with respect to the Tool.
You may also opt-out of, or withdraw your consent to (where the Canadian Anti-Spam Legislation applies) receiving email marketing communications generated by the Tool by sending a request toĀ [email protected], or by clicking the unsubscribe link on any such email marketing communication you receive. Please note that clicking the unsubscribe link may only result in your no longer receiving marketing communications generated by the Tool; you may still receive other email marketing communications from the Dealer. If you opt out or withdraw consent with the Dealer or on the Dealerās site, you will still also need to opt-out or withdraw your consent regarding the Tool as set out in this paragraph.
As noted above, the Tool may also collect and store information (including personal information) locally on your device using mechanisms such as browser web storage and application data caches. Browser web storage enables websites to store data in a browser on a device. When used in “local storage” mode, it enables data to be stored across sessions. Similarly, an application data cache is a data repository on a device. You may stop local storage from being used by modifying your Internet browser settings, but stopping local storage may result in the site having impaired or limited functionality. Furthermore, disabling local storage will not block the Tool from operating; rather, it will only prevent the Tool from collecting and storing information locally on your device. To disable the Tool, see the Opt-Out instructions above. Further, you should refer to the help provided by your Internet browser for the most up-to-date and accurate instructions on disabling local storage.
Do Not Track Signals.Ā IF YOU DO NOT WANT THE TOOL TO GATHER INFORMATION ABOUT YOUR USER PROFILE AND SITE VISIT, NOW AND FOR FUTURE BROWSING SESSIONS,PLEASE REFER TO THE OPT-OUT PROCEDURES ABOVE /OR REFRAIN FROM USING THE SITE. WE DO NOT CURRENTLY RESPOND TO DO NOT TRACK (DNT) SIGNALS.
Accessing, Correcting, Updating Your Personal Information.You have a right to know what personal information we have about you and correct any inaccuracies. To review your information that is collected using the Tool, contact Foureyes by email atĀ [email protected]Ā or by regular mail addressed to Foureyes, LLC, 525 3rd Street, Suite #311, Lake Oswego, OR 97034.
Data Retention.Ā We keep information associated with your user profile for as long as we think is necessary or advisable to fulfill the purposes for which it was collected, and we reserve the right to retain it to the full extent permitted by law. If required by law, a governmental order, or similar legal process, we will disclose your information.
Children.Ā The site is intended for adults who have reached the age of majority in their state, province or territory of residence. The site is not directed at children under age 16. We do not knowingly collect personal information from children under age 16, and if we learn that the Tool has collected information of a child under age 16, we will delete the information.
Canadaās Anti-Spam Legislation.Ā We are committed to complying with Canadaās Anti-Spam Legislation and will only send you email marketing communications (or other commercial electronic messages, as defined in Canadaās Anti-Spam Legislation) where it is lawful to do so. If you have consented to receiving marketing materials from us, you can withdraw your consent to receiving email marketing communications generated by the Tool by sending a request toĀ [email protected], or by clicking the unsubscribe link on any such email marketing communication you receive. Please note that clicking the unsubscribe link may only result in your no longer receiving marketing communications generated by the Tool; you may still receive other email marketing communications from the company associated with the site.
European Union Privacy.Ā If the processing of your information in connection with the Tool is subject to the General Data Protection Regulation 2016/679 (“GDPR“) we have additional obligations and you have additional rights under the GDPR. These rights and obligations are as follows:
We will process your personal information using the Tool in order to support our provision of services in connection with your use of the site. The lawful bases for processing your personal information may include:
- When you have given consent;
- When processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract;
- When processing is necessary to protect Foureyes’ or our legitimate interests or that of a third party, except where such interests are overridden by your interests or fundamental rights;
- When processing is necessary for compliance with a legal obligation to which we or Foureyes are subject; and
- When processing is necessary to protect the vital interests of the data subject or of another natural person.
You have many rights with respect to our processing of your personal information. Depending upon the lawful basis of processing, you may have the right to withdraw consent or object to our processing your personal information.
You have the right to be informed about your personal information and how it is being processed, to access, correct and erase personal information, to restrict further processing, to obtain and reuse your data for your own purposes across different services and to object to our processing. You also have the right to lodge a complaint with the relevant EU supervisory authority.
If we transfer your personal information to a recipient in a country outside the European Economic Area, we will do so in compliance with applicable laws with respect to such transfer.
Storage in the United States.Ā The Tool is operated and controlled from offices in the United States. If you access the site from locations outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Your access to the site constitutes your agreement to our storage of your personal information within the United States. You understand that your personal information may be stored and/or processed in the United States, notably at the address indicated above, that it may be subject to the laws of the United States and that it may be accessible to tribunals, courts, law enforcement and regulatory agencies in the United States.
Effective Date and Modifications.Ā This Foureyes Privacy Notice is effective on August 21, 2024. We review this Foureyes Privacy Notice at least annually and may amend it from time to time. Except as otherwise required by applicable law, our only notification will consist of posting a new policy.
Supplemental State-Specific Privacy Information.Ā Residents of California, Colorado, Connecticut, Oregon, Texas, Virginia, and Utah have additional privacy rights under the California Consumer Privacy Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Oregon Consumer Privacy Act, the Texas Data Privacy and Security Act, the Virginia Consumer Data Protection Act, and the Utah Consumer Privacy Act, respectively. This information is available at the following link:Ā Click Here.
Contacting Us.Ā If you have any questions, complaints, or comments about this Foureyes Privacy Notice, your information, our third-party disclosure practices or your consent choices in connection with the use of the Tool, please contact Foureyes’ privacy officer atĀ [email protected].