Privacy Policy

Thank you for being a subscriber or user of the DealersCircleSM on-line hosted software application that is accessible via a website and portal which may be changed or updated from time to time (collectively, the “Application”). DealersCircle, Inc., which we will refer to as “we,” “us,” or “our,” is the provider of the Application. This Privacy Policy (this “Policy”) describes the information we collect about you, the information that is sent to us about you, how and why we use the information and the choices you have to restrict our usage of this information in connection with your access to and use of the Application. Protecting the privacy and security of your personal information is important to us.

CHANGES TO THIS PRIVACY POLICY

We may change this Policy at any time. Such changes, modifications, additions or deletions will be effective immediately upon posting the revised Policy on this page. The date of the last revision of this Policy is set forth above at the top of this page and should be checked by you periodically. Your continued use of the Application after such changes will constitute your acknowledgment of the updated Policy.

OTHER WEBSITES, SOFTWARE AND SERVICES

We may operate other websites, applications, and software, and provide services other than the Application (the “Other Services”). This Policy describes are privacy policies and practices in connection with your access to and use of the Application. This Policy may not apply to the Other Services. Before using any of the Other Services, we recommend you review the privacy policies applicable to those Other Services. Please feel free to contact us using the contact information provided below if you have any questions about this Policy or the privacy policies or practices applicable to Other Services.

HOW TO CONTACT US

Please get in touch with us if you have any questions about this Policy, the practices of the Application, or your dealings with the Application, or would like to exercise your options hereunder. You may contact us by mail at the following address:

DealersCircle, Inc.
[Attn: Privacy Compliance]
2220 County Road 210 West
Suite 108, Box 434
Jacksonville, FL 32259

You may also contact us by email at support@dealerscircle.com with "Privacy" in the subject line.

THE TYPES OF INFORMATION WE COLLECT

We receive, collect, and store information you submit via the Application, such as using on-line forms, text boxes and other tools for you to submit information or communicate with us. Information collected may include:

1. Your name, e-mail address, mailing address, telephone number, and any other information that you input, upload or provide to the Application including but not limited to information collected may include but is not limited to payment information, inquiries and submissions made by you about you, your employer or your business, inquiries about our products and services, and how we may assist or offer our products and services to you, your company or your employer;

2. Identifiers, such as name, alias, online identifier, email address, and account name;

3. Information that identifies, relates to, describes, or is capable of being associated with a particular individual or business, such as the name of your company or employer and its address, e-mail address and telephone number;

4. Internet or other electronic network activity, such as browsing history, search history, and information regarding a consumer’s interaction with an online site or application; and

5. Information gathered from your access and use of the Application including but not limited to a website’s Uniform Resource Locator (URL) that you just came from, which URL you next go to, what browser you are using, your language, dates and times of access, and your Internet Protocol (IP) address.

HOW WE USE YOUR INFORMATION

We process and use your information for the following reasons:

1. To provide and operate our services, including those offered via the Application, for facilitating payment and payment processing, to enter into an agreement with you and for the performance of an agreement with you;

2. Where permitted in our legitimate interest or with your prior consent where required by law, we may use your personal information for communicating with you about the Application and its use by you and your users;

3. We process your personal data for our own business interests, including technical assistance and customer support provided these interests do not override your right to object;

4. We may process your personal data where you have consented to do so, and you have the right to withdraw your consent without detriment at any time by contacting us using the contact information we provided to you above;

5. To create aggregated statistical data and other aggregated and/or non-personal information, which we or our Business Associates, as described below, may use to provide and improve our respective services;

5. To ensure that content from the Application is presented in an effective manner for you and for your computer and that we can provide you with information and services that you request from us in an efficient way;

6. To administer the Application and business for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes, and to keep the Application safe and secure; and

7. To comply with any applicable laws and regulations.

In order to use certain features or functionality of the Application, you may need to provide personal information, for example, in order to contact us. Failure to provide your personal information may mean that you cannot fully use the Application effectively.

HOW YOUR INFORMATION IS SHARED WITH THIRD PARTIES

In some instances, we may share personal information with others. We may work with and provide some of our services through contractual arrangements with affiliates, services providers, business partners and other third parties (collectively, “Business Associates”). Our Business Associates may include but are not limited to our affiliates and companies that provide services in connection with ours, sub-contractors, payment processors, hosting companies and providers, advertising networks, analytics providers, and search information providers. We and our Business Associates use your information to operate the Application, to deliver services, and for facilitating payment and payment processing. We will encourage our Business Associates to adopt and post privacy policies. However, the use of your information by Business Associates is governed by the privacy policies of those Business Associates, and is not subject to our control.

The information we share with these Business Associates may include names, addresses, phone numbers, e-mail addresses, contact information, and payment information. We may also share with Business Associates information about sales, traffic patterns, and related information collected from the Application for use in marketing, advertising, analytics and to enhance the Website and our services.

We will disclose your personal information to third parties:

1. In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer, but subject to the terms of this Policy.

2. In the event of a sale of our company or a sale of all or substantially all of our assets, the personal data we hold may be sold and transferred in connection with that sale.

3. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, subpoena or court order, or in order to enforce or apply our terms or other agreements with you, or to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction and to prevent cybercrime and any other unlawful activities.

USE OF THE APPLICATION BY THIRD PARTIES

We make the Application available to our clients (“Clients”) pursuant to written contracts we enter into with them governing their access to and use of the Application (“Client Contracts”). We may also require Client’s end users to agree to terms of use governing their login, access and use of the Application, which terms may be agreed upon in writing or on-line. In connection with our Clients’ use of the Application, Clients may upload, download, transmit, store, use, process, disclose, retain, reproduce, display or copy information within and via the Application including but not limited to business, financial, customer, transaction, purchase, sales, inventory, purchaser, customer, pricing, reseller and end user information (collectively, “Client Data”). Client Data may include personal information about you and others.

Our possession, processing, disclosure and use of Client Data is governed by our Client Contract with each Client. We only process, disclose and use Client Data on behalf of our Clients to provide the Application to our Clients pursuant to and in accordance with the Client Contracts. We do not process, use, disclose or retain any Client Data for our own purposes or for any purposes other than as set forth in the Client Contracts and other than to comply with applicable laws. Our Clients are responsible for Client Data and its processing, use and disclosure. We will encourage our Clients to adopt and post privacy policies. However, except as otherwise provided by law, the Client Data and its processing, use, transfer and disclosure is governed by the privacy policies of those Clients, and is not subject to our control.

USE OF TECHNICAL INFORMATION

Your IP address is a unique number used to identify your specific computer on a public network. We collect IP addresses for the purpose of system administration, to analyze behavior and trends and to audit the use and functionality of the Application. We may utilize an IP address to identify visitors and users of the Application when we feel it is necessary to enforce compliance with any contracts governing use of the Application or to protect our service, site, consumers or others.

Technical information may include the IP address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system, platform, or other similar information.

Information about your visit may include the full Uniform Resource Locators (URL), clickstream to, through and from the Application (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number or other methods used to connect with our customer service team.

USE OF COOKIES

When you use the Application we will store cookies on your computer in order to facilitate and customize your use of the Application. A “cookie” is a small data text file, which a website stores on your computer’s hard drive (if your Web browser permits) that can be retrieved later. Our cookies may store information that includes, without limitation, randomly assigned user identification numbers, the country where you are located, and your first name. The cookies make your use of the Application easier, make the Application run more smoothly and help us improve the security of the Application. You are always free to decline our cookies if your browser permits, but some parts of the Application may not work properly as a result.

We may use the following types of cookies:

• STRICTLY NECESSARY COOKIES. These are cookies that are required for the operation of the Application and to provide our services to you and our customers. They include, for example, cookies that enable you to log into secure areas of the Application.

• ANALYTICAL/PERFORMANCE COOKIES. These cookies allow us to recognize and count the number of visitors to the Application and to see how visitors navigate and use the Application. This helps us for our legitimate interests of improving the way the Application works, for example, by ensuring that users are finding what they are looking for easily.
• FUNCTIONALITY COOKIES. These cookies are used to recognize you when you return to the Application. For example, this enables us to personalize our content, greet you by name and remember your preferences (for example, your choice of language or region), and items you may have previously browsed, searched or reviewed.
• TARGETING/ADVERTISING COOKIES. These cookies record your visit to the Application, the pages you have visited and the links you have followed. We may use this information subject to your choices and preferences to make the Application more relevant to your interests and uses.

RETENTION

We retain personal data to fulfill our legitimate interests and contractual obligations to you and for six years after that to identify any issues and resolve any disputes. We may also retain aggregate information beyond this time for research purposes and to help us develop and improve our services. You cannot be identified from aggregate information retained or used for these purposes.

LINKS TO WEBSITES AND SERVICES

Except as otherwise discussed in this Policy, this document only addresses the use and disclosure of information we collect from you. Other sites accessible through our Application have their own privacy policies and data collection, use and disclosure practices. Please consult each site’s privacy policy. We are not responsible for the policies or practices of third parties. You should contact these third parties directly if you have any questions about their use of the information that they collect.

YOUR PRIVACY RIGHTS

We provide multiple choices to you with respect to the information we process about you:

1. Opt-out of our use or sharing of your personal information. You may withdraw consent you have previously provided for the processing of information about you, including for email marketing by us. You may also ask us not to share information with third parties. You can object to further marketing at any time by checking and updating your contact details within your account (if the website provides that functionality), by selecting the “unsubscribe” link at the end of our marketing and promotional update communications to you, or by contacting us.

2. Delete personal information. You can ask us to erase or delete all or some of the information about you.

3. Change or correct personal information. You can also ask us to change, update or fix information about you in certain cases, particularly if it is inaccurate. If offered as a feature of the Application, you may also be able to edit some of the information about you.

4. Object to, or limit or restrict use of personal information. You can ask us to stop using all or some of the information about you (for example, if we have no legal right to keep using it) or to limit our use of it (for example, if the information about you is inaccurate).

5. Right to access and/or have your information provided to you. You can also ask us for a copy of information about you and can ask for a copy of information about you provided in machine readable form if you reside in the EU, California or any other jurisdiction that provides you this right as a matter of law.

You can exercise these choices in accordance with applicable laws or by contacting us using the contact information provided above.

INHERENT ONLINE RISKS

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we use reasonable efforts to protect your information, you understand and acknowledge that: (a) there are security and privacy risks and limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through the Application cannot be guaranteed.

EMAIL LISTS AND UNSUBSCRIBING

We offer those who sign up for our email list the opportunity to receive emails about our business, products and other information we believe might be of interest to you, which may include special promotions. Email addresses collected via the Application are used internally. If you would like to unsubscribe from our email list, please contact us, and we will remove your name from our email list. Please understand that you may receive emails between the time you request to be removed from our list and the time we are able to process your request. Email communications are not encrypted and are not considered a secure means of transmitting credit card numbers. We will never ask for sensitive information via email.

To unsubscribe from e-mail correspondence simply click “unsubscribe” at the bottom of the email.

TRANSFERS FOR EUROPEAN ECONOMIC AREA

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”) that may not be subject to equivalent Data Protection Law. Where your information is transferred outside the EEA, we will take all steps reasonably necessary to ensure that your data is subject to appropriate safeguards, such as relying on a recognized legal adequacy mechanism, and that it is treated securely and in accordance with this privacy policy.

CALIFORNIA, NEVADA AND EEA PRIVACY RIGHTS

The EEA and the States of California and Nevada have laws which provide you with additional rights. Other states, countries and jurisdictions may also have laws that provide you with additional rights. All references in this section refer exclusively to our obligations under these other applicable laws. Some of the obligations do not apply to all jurisdictions but others are shared. The other provisions of this Policy may also apply to you so please exercise them in accordance with this Policy.

We describe the information we disclose for business purposes in detail above. That information is categorized as follows:

1. Identifiers (e.g., name, alias, postal address, online identifier, Internet Protocol address, email address, account name, or similar identifiers);

2. Information that identifies, relates to, describes, or is capable of being associated with a particular individual (e.g., credit card number, telephone number, address, or similar information);

3. Commercial information (e.g., records regarding services purchased, or other purchasing histories or tendencies); and

4. Internet or other electronic network activity (e.g., browsing history, search history, and information regarding a consumer’s interaction with an online site or application, or similar information).

We describe the groups we may share your information with for business purposes in the COLLECTED INFORMATION section above. The groups fall into the following categories under applicable California law:

1. Business Associates;

2. Credit card processors and other companies that help facilitate your transactions and payment processing;

3. Our banks and insurers;

4. Companies that provide statistical analysis of your interactions with us;

5. Companies that provide customer support,

6. Companies that provide marketing and advertising services; and

7. Other third parties that may be approved by you.

You have the right under certain circumstances:

1. to be provided with a copy of your personal data collected and held by us;

2. to request the rectification or erasure of your personal data collected and held by us;

3. to request that we restrict the processing of your personal data (while we verify or investigate your concerns with this information, for example);

4. to object to the further processing of your personal data, including the right to object to marketing; and

5. to request that your provided personal data be moved to a third party.

We may not and will not do the following as a result of your choice to exercise any rights as outlined in this Policy: charge different rates for goods or services; provide a different level quality of goods or services; or suggest any of the preceding will occur.

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request we will disclose to you, in addition to disclosures under other portions of this Policy:

1. The categories of personal information we collected about you;

2. The categories of sources for the personal information we collected about you;

3. Our business or commercial purpose for collecting that personal information; and

4. The categories of third parties with whom we share that personal information.

We will not do the following as a result of your choice to exercise any rights you may have as outlined in this Policy: charge different rates for goods or services; provide a different quality level of goods or services; or suggest any of the preceding will occur. However, we may charge you a different rate, or provide a different level of quality, if the difference is reasonably related to the value provided by your personal information.

If you have any questions about this information or would like to exercise any of your rights you may contact us using the contact information we provided to you above.

We collect personal information from you in the course of providing requested services and use of the Application. Unless otherwise stated, we do not sell any Covered Information, as defined under Nevada law (N.R.S. 603A.320). If you would like to make a further inquiry regarding the selling of your Covered Information as defined under Nevada law, please contact us using the contact information we provided to you above.

COMPLAINTS

If your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority, which can provide further information about your rights and our obligations in relation to your personal data, as well as deal with any complaints that you have about our processing of your personal data.

AGE OF USER

We do not knowingly collect personal information directly from children under eighteen (18) years of age. We do not sell any personal information, including the personal information of consumers under eighteen (18) years of age. The Application is intended for business to business uses and is not specifically targeted to or intended for use by children. If we learn we have collected or received personal information from a child under eighteen (18) years of age, we will delete that information. If you believe we might have any information from or about a child under eighteen (18) years of age, please contact us using the contact information we provided to you above.

ETHICS HOTLINE

In addition to Privacy, DealersCircle seeks always to operate at a high ethical level. As such, we have created a mechanism for reporting any ethical concerns with DealersCircle business practices at ethics@dealerscircle.com.