Effective Date: June 1, 2020
This policy may change from time to time to reflect our internal needs, customer feedback, or changes in law or regulation. We will post any changes on our website.
PLEASE NOTE THE
ARBIRATION PROVISION SET FORTH BELOW REQUIRES, EXCEPT WHERE AND TO THE EXTENT
PROHIBITED BY LAW, YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST THE COMPANY
ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL
NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS,
AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE
PLEASE SEE THE DISPUTE RESOLUTION AND ARBITRATION PROCEDURE BELOW.
What information do we collect and what do we use it for?
|Category of personal data||Purpose(s) for collection||Disclosure to third parties|
|Identifiers, such as: Name, postal address, email address, IP address, identification numbers (e.g., social security number, driver’s license number, state identification number, military identification number or passport number)||To respond to consumers’ requests and inquiriesCommunicate with consumers regarding our products or servicesEnter into and process transactions with consumersSend marketing communicationsComplete government formsConfirm consumers’ identity and that they are at least 18 years oldConfirm consumers are licensed to drive our vehicles or take delivery of a vehicle purchased or leased from us||Disclosure for business purposes to companies from whom consumers request we obtain for them goods or services, internet service providers, analytics providers, payment processors and warranty, insurance or service contract administrators, if applicable to transaction Disclosure for marketing purposes to advertising companiesDisclosure for safety and warranty purposes to vehicle manufacturer, if customer purchased/leased a new or certified vehicle or if their vehicle was serviced at our dealership Disclosure to state or federal agencies, when required by lawDisclosure to vehicle manufacturer for marketing and analytical purposes, if customer purchased/leased a new or certified vehicle or if their vehicle was serviced at our dealership|
|Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as: Phone number; insurance information; bank account number, credit card number, debit card number, or other financial information, including information relating to consumers’ vehicle financing or lease terms, along with vehicle information; and/or signature(s).||To respond to consumers’ requests and inquiriesCommunicate with consumers regarding our products or servicesEnter into and process transactions with consumersSend marketing communicationsComplete government formsConfirm insurance coverageConfirm identityObtain authorization to collect paymentsCollect paymentsConfirm acknowledgement of receipt of documents we provide to consumers||Disclosure for business purposes to companies from whom consumers request we obtain for them goods or services, internet service providers, delivery services and payment processorsState or federal agencies, when required by lawDisclosure to vehicle manufacturer for marketing and analytical purposes, if customer purchased/leased a new or certified vehicle or if their vehicle was serviced at our dealership|
|Protected classification characteristics under California or federal law, such as: A photocopy/scan of government issued identification reveals personal information. For example: Driver’s license/state identification card – includes image, date of birth, physical description and genderPermanent resident card – includes image, date and place of birth; Social security card – includes social security numberPassport – includes image, date and place of birth and nationalityMilitary ID – includes image and rank Completion of a Translated Contract Acknowledgement or signing of translated documents reveals a consumer’s primary language||To confirm identityTo interact with you in your preferred languageConfirm consumers are licensed to drive our vehicles or take delivery of a vehicle purchased or leased from usConfirm eligibility for a manufacturer or lender rebate and to apply for and process any such rebateDetermine coverage under the Military Lending Act in connection with a financed vehicle transactionProvide consumers with copies of certain documents written in the language in which their finance or lease transaction was primarily negotiated, as required by lawComplete government forms||Disclosure to companies from whom consumers request we obtain for them goods or services, such as manufacturers or lenders for processing applicable transactionsDisclosure to state or federal agencies, when required by law|
|Commercial information, such as: Vehicle information, ownership information, and current lease or finance terms||Enter into and process transactions with consumersAppraise consumers’ vehiclesSend informational and marketing communicationsRetain records of transactions as required by lawFulfill the terms of a written warranty or product recallProcess warranty, insurance or service contract claimsShare information with state agencies as required by law||Disclosure for business purposes to payment processors, delivery services and warranty, insurance or service contract administrators, if applicable to transactionDisclosure for safety and warranty purposes to vehicle manufacturer, if customer purchased/leased a new or certified vehicle or if their vehicle was serviced at our dealership Disclosure to state or federal agencies, when required by law|
|Biometric information Consumers who finance/lease vehicles may be asked to complete a “Thumbprint form”||To confirm identity||Disclosures for business purposes to confirm your identity|
|Internet or other similar network activity information, such as: IP address, browsing history, and search history||To communicate with consumers regarding our products and servicesImprove user experiences by making our website easier to use and navigate, and more personalized based on the profile we create about consumers||Disclosure for business purposes to companies from whom consumers request we obtain for them goods or services, analytics companies, and internet service providers|
|Geolocation information, such as: IP address and vehicle location (using GPS, as permitted by law)||To respond to consumers’ requests and inquiriesEnter into and process consumers’ transactions with youSend marketing communicationsTrack vehicles as permitted by law||Disclosure for business purposes to companies from whom consumers request we obtain for them goods or services, internet service providersDisclosure to service providers for business purposes|
|Sensory data, such as Audio information from voicemail messages and/or recorded phone calls (with consumers’ consent)||To communicate with you; some phone calls are recorded (with your consent) for training our staff and for quality assurance purposes||N/A|
|Professional or employment-related information, such as: Information regarding current occupation||To confirm eligibility for a manufacturer or lender rebate and to apply for and process any such rebateTo confirm eligibility for employee discount pricingComplete government forms, as required||Disclosure to manufacturer or lender for processing applicable rebateDisclosure to state or federal agencies, when required by law|
|Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)), such as: Information regarding whether a consumer is or will soon be a college graduate||To confirm eligibility for a manufacturer or lender rebate and to apply for and process any such rebate||Disclosure to manufacturer or lender for processing applicable rebate|
|Inferences drawn from personal information to create a profile, such as: Information regarding consumers’ vehicle preferences and needs||To market our products and services to consumers||N/A|
Sources of personal information.
We collect personal information from consumers and other individuals like you (both directly and indirectly, such as from your transactions and interactions with us), and from other sources, including the following:
- Credit bureaus (to check credit and verify information)
- Governmental agencies like DMV (to check vehicle title status, for example)
- Vendors and service providers (such as advertising or dealership computer companies)
- Contractual counterparties (such as the vehicle manufacturer)
- Financial institutions (such as the bank that finances a customer’s trade-in)
- Websites and social media (where you may have expressed an interest in shopping with us, for example)
- Our affiliates (such as other dealerships or businesses of ours where you previously shopped)
- Customer referrals or personal references
- Other parties we contract with (such as service contract providers who provide information about existing service contracts you may have)
- Government’s Military Lending Act website in the case of military customers
- From telematics systems (such as vehicles equipped with GPS tracking (in limited instances and only as permitted by law) or smartphone or mobile devices set to share information with us)
Karma Westlake shares your information with its affiliated dealerships and businesses in order to make offers to you for sales and service.
Sales of Information
Karma Westlake does not engage in transactions to provide any third party with personal information about you in exchange for money. However, some marketing and data analysis arrangements dealers have with third parties could be considered under certain interpretations of the CCPA to involve a “sale” of personal information by the dealer to those parties. As a result, to avoid even the potential of making disclosures inconsistent with the CCPA’s definition of sale, we state that we may “sell,” as that term is defined under the CCPA, the following categories of information about you:
- Personal identifiers
- Any categories of personal information described in subdivision (e) of California Civil Code Section 1798.80.
- Characteristics of protected classifications under California or federal law
- Commercial information
- Internet, application, and network activity, such as cookie IDs and browser visits
- Geolocation data
- Audio, electronic, visual, thermal, olfactory, or similar information
- Employment information, such as occupation, title, licenses and professional memberships
- Education information, such as degree and schooling information
- Inferences drawn from any of the information identified in this section
We do not sell personal information about California residents who we know are younger than 16 years old without opt-in consent.
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.
Online Data Collection and Use
Personal information: Personal information is any information that may be used to identify an individual, including, but not limited to, a first and last name, home or other physical address, an email address, phone number or other contact information. We collect Personal information from you only when you choose to make it available to us, and may include, without limitation, your street address, the city where you live, your zip code, your first and last name, your payment card number and card expiration date when you place an order for our products, your billing address, your phone number, your email address, and information from third-parties provided in a credit report.
Analytics Information: We use third-party analytics tools to help us measure traffic and usage trends for the website. These tools collect information sent by your browser as part of a web page request, including the web pages you visit, your browser add-ons, your browser’s width and height, and other information that assists us in improving the Website. The third-party analytics services may aggregate the data they collect with data they collect from other websites to enhance their offering of analytical services, but will not use any information they collect for any directed marketing purposes.
Cookies Information: When you visit the Website, we may (or we may authorize a trusted third party partner to) send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the website. A cookie may also convey information to us about how you use the Website (e.g., the pages you view, the hyperlinks you click and other actions you take on the Website), and allow us or our business partners to track your usage of the Website over time.
A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the website. Persistent cookies can be removed by following your web browser’s 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 Website may not function properly if the ability to accept cookies is disabled.
Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you use our Website, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with hyperlinks on the Website, domain names, landing pages, pages viewed, and other such information.
Clear Gifs/Web Beacons Information: When you use the Website, we may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which hyperlinks are clicked by recipients. The information allows for more accurate reporting and improvement of our Website.
Device Identifiers: When you access the Website by or through a mobile device (including but not limited to smart-phones, iPads or tablets), we may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a unique device identifier (“UDID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by us. A device identifier may convey information to us about how you browse and use the Website. The device identifier information that we collect does not itself collect or transmit any Personal information to us, however, a device identifier may be used in conjunction with other information in a manner that may constitute Personal information. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Website. Some features of the Website may not function properly if use or availability of device identifiers is impaired or disabled.
Location Data: When you utilize the Website by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. We may also use various technologies to determine location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points and cell towers. Location data may convey to us information about how you browse and use the Website. The location data that we collect does not itself contain or transmit any Personal information to us, however, location data may be used in conjunction with other information in a manner that may constitute Personal information.
To make learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit the Network Advertising Initiative’s online resources, at www.networkadvertising.org.
How Personal information is Used: Personal information we collect is used to provide you with our services, including offers of products, services, and credit. We may also collect your first and last name, your physical address, email address and phone number to provide you quality customer service. Your information may be used to administer a contest, promotion, survey or other website feature or to send periodic emails. The email address you provide for order processing, may be used to send you information and updates pertaining to your request, in addition to receiving occasional company news, updates, related product or service information, etc. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
We will retain your Personal information for as long as you are an active customer, as needed to provide you services, or until you request that we delete your data. We will retain and use your Personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
How Is Your Information Shared or Disclosed?
Personal information: We share your information with our trusted third party service providers who assist us in operating our Website, conducting our business, servicing you, and marketing to you so long as those parties agree not to (1) sell personal information, (2) retain, use or disclose personal information for a need other than to perform business services, and (3) retain, use or disclose personal information outside of the direct business relationship. The CCPA defines a “sale” as disclosing or making available to a third-party personal information in exchange for monetary or other valuable consideration. While we do not disclose personal information to third parties in exchange for direct monetary compensation, we do disclose or make available personal information to motor vehicle manufacturers and others for marketing and data analysis purposes and may receive services or benefits from them, including identifiers; customer records; commercial information; internet or other electronic network usage data; and profiles and inferences.
We may also disclose Personal information if required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on us; (2) protect and defend our rights or property (3) act in urgent circumstances to protect the personal safety of users of the Website or the public. We may at any time buy or sell/divest the company, or any combination of its products, services, assets and/or businesses. Personal information such as customer names and email addresses, and other user information related to the Website will likely be one of the items transferred in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions or similar transactions or proceedings.
Anonymous and De-identified Information. We also may use anonymous and aggregated data sets and reports, or create them by de-identifying information, in order to assess, improve, and develop our business, products, and services; prepare benchmarking reports; and for research, analytics, and any other business purpose.
How do we protect your information?
We use security policies, procedures, and tools which are intended to safeguard the personal information we collect. However, security of information, especially when transmitted through the Internet, can never be guaranteed. We are not responsible for any interception or interruption of any communications through the Internet or otherwise, or for changes to or losses of data. Users of our Services are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of any of our website.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
California Consumer Privacy Act Rights
Notice at Collection. We are required to notify California residents, at or before the point of collection of their personal information, the categories of personal information collected and the purposes for which such information is used. Please see our Notice at Collection at this web page: karmawestlake.com/notice-at-collection/
Right to Know: California residents are entitled to ask us for a notice describing (1) the categories of personal information we have collected in the preceding 12 months, (2) the categories of sources of that information, (3) the business or commercial purpose for collecting that information, (4) the categories of third parties and affiliates the information is shared with, (5) whether the information was sold, and (6) whether we sell the information of minors under 16 (we do not). If you would like a copy of this notice, you may submit a request by emailing email@example.com or place a request by calling this number: 833-978-0244. We will contact you to verify the request and will ask that you provide information that matches the identifying information you provided that we already maintain. Please allow up to 45 days for us to provide this notice.
Data Portability: California residents have the right to request a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance. If you would like a copy of this notice, you may submit a request by emailing firstname.lastname@example.org or place a request by calling this number: 833-978-0244. We will contact you to verify the request and will ask that you provide information that matches the identifying information you provided that we already maintain. Please allow up to 45 days for us to provide this notice.
Right to Request Deletion: California residents are entitled to request the deletion of their personal information collected or maintained by us. If you would like some or all of the personal information we have collected and maintained about you deleted, you may submit a request by emailing email@example.com or place a request by calling this number: 833-978-0244. We will contact you to verify the request and will ask that you provide information that matches the identifying information you provided that we already maintain. Please allow up to 45 days for us to provide this notice.
Right to Opt-Out: California residents have the right to opt-out of the sale of their personal information. If you would like your personal information to be deleted, you may submit a request by emailing firstname.lastname@example.org or by calling this number: 833-978-0244. We will contact you to verify the request and will ask that you provide information that matches the identifying information you provided that we already maintain. Please allow up to 45 days for us to provide this notice.
Authorized Agent: You have the right to designate an authorized agent to exercise your privacy right under California law. Any person seeking to exercise the privacy rights of another must either (1) provide written permission from the individual granted to the agent to act in this manner AND verify their own identity to us, or (2) provide a copy of power of attorney pursuant to Probate Code section 4000 to 4465.
Discrimination and Incentives. The CCPA prohibits discrimination against those who exercise their rights under the CCPA and imposes requirements on any financial incentives offered to California residents related to their Personal Information. A business may offer financial incentives for the collection, sale or deletion of California residents’ personal information, provided it is not unjust, unreasonable, coercive or usurious, and is made available in compliance with applicable transparency, informed consent, and opt-out requirements. California residents have the right to be notified of any financial incentives offers and their material terms, the right to opt-out of such incentives at any time, and may not be included in such incentives without their prior informed opt-in consent.
Shine the Light. Under California’s Shine the Light law Civil Code Section 1798.83), California residents with whom we have an established business relationship are entitled to request and receive, free of charge, once per calendar year, information about customer information obtained online that we shared, if any, with other businesses for their own direct marketing uses in the previous calendar year. You may call 833-978-0244 or email email@example.com to request a copy. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” law requirements and only information on covered sharing will be included in our response.
How We Respond to Do-Not-Track Signals
At this time our website does not recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.
Dispute Resolution and Agreement to Arbitrate
By providing information to us, you and we agree that if there is any controversy, claim, action, or dispute arising out of or related to your use of our services or the breach, enforcement, interpretation, or validity of this Policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.
Both you and we agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT OU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. The parties expressly agree that this arbitration provision and any arbitration under this agreement is governed and controlled by the Federal Arbitration Act. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be shall be exclusively submitted to JAMS, at offices closest to our principal place of business in California, for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties. The rules for arbitration may be reviewed at jamsadr.com.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Policy, including any claim that all or any part of this Policy is void or voidable.
In the event of a conflict between this agreement to arbitrate and any other arbitration agreement between you and us, such as an arbitration agreement contained in a retail installment sales contract, lease agreement, or repair estimate or repair order (Other Arbitration Agreement), the terms of the Other Arbitration Agreement shall govern and prevail in such instance.
If you have questions about this policy, please contact us by phone at 833-978-0244 or by postal mail to: Karma Westlake, Attention CCPA, PO Box 70489 Pasadena, CA 91117.