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 CAPACITY.
PLEASE SEE THE DISPUTE RESOLUTION AND ARBITRATION PROCEDURE BELOW.
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 inquiries • Communicate with consumers regarding our products or services • Enter into and process transactions with consumers • Send marketing communications • Complete government forms • Confirm consumers’ identity and that they are at least 18 years old • Confirm consumers are licensed to drive our vehicles or take delivery of a vehicle purchased or leased from us
• Disclosure for service providers, for administrative and operational assistance. • Disclosure 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 • Disclosure 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 inquiries • Communicate with consumers regarding our products or services • Enter into and process transactions with consumers • Send marketing communications • Complete government forms • Confirm insurance coverage • Confirm identity • Obtain authorization to collect payments • Collect payments • Confirm acknowledgement of receipt of documents we provide to consumers
• Disclosure for service providers, for administrative and operational assistance. • State or federal agencies, when required by law • Disclosure 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 gender • Permanent resident card - includes image, date and place of birth; • Social security card - includes social security number • Passport - includes image, date and place of birth and nationality • Military ID - includes image and rank Completion of a Translated Contract Acknowledgement or signing of translated documents reveals a consumer’s primary language
• To confirm identity • Confirm consumers are licensed to drive our vehicles or take delivery of a vehicle purchased or leased from us • Confirm eligibility for a manufacturer or lender rebate and to apply for and process any such rebate • Determine coverage under the Military Lending Act in connection with a financed vehicle transaction • Provide consumers with copies of certain documents written in the language in which their finance or lease transaction was primarily negotiated, as required by law • Complete government forms
• Disclosure to companies from whom consumers request we obtain for them goods or services, such as manufacturers or lenders for processing applicable transactions • Disclosure 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 consumers • Appraise consumers’ vehicles • Send informational and marketing communications • Retain records of transactions as required by law • Fulfill the terms of a written warranty or product recall • Process warranty, insurance or service contract claims • Share 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 transaction • Disclosure 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 services • Improve user experiences by making our website easier to use and navigate, and more personalized based on the profile we create about consumers
• Disclosure for service providers, for administrative and operational assistance.
Geolocation information, such as: IP address and vehicle location (using GPS, as permitted by law)
• To respond to consumers’ requests and inquiries • Enter into and process consumers’ transactions with you • Send marketing communications • Track vehicles as permitted by law
• Disclosure for service providers, for administrative and operational assistance. • Disclosure 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
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 rebate • To confirm eligibility for employee discount pricing • Complete government forms, as required
• Disclosure to manufacturer or lender for processing applicable rebate • Disclosure 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
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)
Affiliates Winn VW of Newark shares your information with its affiliated dealerships and businesses in order to make offers to you for sales and service. Sales of Information Winn VW of Newark 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.
International Data Transfers Dealership is based in the U.S. If you choose to provide us with information, please understand that your personal information may be transferred to the U.S. and that we may transfer that information to our affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the EU or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal information to the U.S. and other jurisdictions which may not have the same data protection laws as the EU. We put in place appropriate operational, procedural and technical measures in order to ensure the protection of your personal information. You acknowledge you understand that by providing your personal information: (i) your personal information will be used for the uses identified above in accordance with this Policy; and (ii) your personal information may be transferred to the U.S. and other jurisdictions as indicated above, in accordance with applicable law.
Unsubscribe-if applicable We provide you the opportunity to opt-out of marketing communications by clicking the “unsubscribe” link in email communications or by contacting us using the contact information provided below. We will process your request as soon as possible in accordance with applicable law, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed. Third-Party Links-if applicable Our website contains links to other sites. Dealership is not responsible for the privacy practices or content of such other sites. If you have any questions about how these other sites use your information, you should review their policies and contact them directly.
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: winnvw.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 Privacy@WinnMotors.com or place a request by calling this number: 747-259-0364. 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 Privacy@WinnMotors.com or place a request by calling this number: 747-259-0364. 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 Privacy@WinnMotors.com or place a request by calling this number: 747-259-0364. 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 Privacy@WinnMotors.com or place a request by calling this number: (747)259-0364. 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. We do not sell or knowingly collect the personal information of minors under 16 years of age and do not have actual knowledge of selling personal information of minors under 16 years of age. If you would like to exercise one or more of the rights above, please contact us using the contact information provided below. You may designate an authorized agent to make a request on your behalf. Such authorized agent must be registered with the California Secretary of State. We may deny a request from an agent if we cannot confirm that they have been authorized by you to act on your behalf. We may need to confirm your verifiable consumer request before completing your request, and, for example, may ask for you to confirm data points we already have about you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.
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 747-259-0364 or email Privacy@WinnMotors.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.
Notice Regarding Public Posting Areas Please note that any information you include in a message you post to any public posting area is available to anyone with Internet access. If you do not want people to know your email address, for example, do not include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN PUBLIC POSTING AREAS. DEALERSHIP IS NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN PUBLIC POSTING AREAS.
Other Arbitration Agreements In the event of a conflict between this agreement to arbitrate and any other arbitration agreement between you and Winn VW of Newark, such as an arbitration agreement contained in a retail installment sale contract, lease agreement, or repair estimate (Other Arbitration Agreement), the terms of the Other Arbitration Agreement shall govern and prevail in each instance.
Venue and Choice of Law This Policy has been made in and shall be construed in accordance with the laws of the State of California, without giving effect to any conflict of law principles. Any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
How We Respond to Do-Not-Track Signals The “Do Not Track” (“DNT”) privacy preference is an option that may be made in some web browsers allowing you to opt-out of tracking by websites and online services. At this time our website does not recognize automated browser signals regarding tracking mechanisms, which may include DNT instructions.