Privacy Policy

Last updated: January 3, 2025

NOTICE: This Privacy Policy Contains an Agreement to Arbitrate Disputes and a Class Action Waiver.

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To view how we collect and use personal information as part of our online chat module, click the button below.

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Introduction

Ed Carroll Motor Company, inc. (“Dealership” or “we” or “us”) respects your privacy and the information that you have entrusted to us. This Privacy Policy describes our collection, use and disclosure of the information we may collect from you whenever you visit the Dealership’s physical location(s) or website(s) (hereinafter a “Site” and collectively the “Sites”), or otherwise access any of our other products, services, and content (hereinafter “Services”). This Privacy Policy applies to all visitors and customers of our Sites, including those consumers and/or customers who apply for and/or receive financing for personal, family or household purposes. If you become an inactive customer, or if we close or suspend your account, we will continue to adhere to the Privacy Policy in place when we collected your personal information as long as we retain it in our databases. We may delete any or all of your information at any time without notice to you or for any reason or no reason unless we are otherwise required by law or retain it. You may have other privacy protections under state laws and we will comply with any applicable state laws when we disclose information about you.

Sections

This Privacy Policy is comprised of the following sections.

Section 1 - Colorado Consumer Privacy Act Disclosures

Section 2 - Other Important Privacy Disclosures

Section 1 - Consumer Privacy Disclosures

 

Notice of Collection

Colorado Privacy Policy

The purpose of this Colorado Privacy Policy is to provide consumers with a comprehensive description of our dealership’s online and offline practices regarding the collecting, use, disclosure, and sale of personal information.

The tables below describe how we collect, use, and disclose Colorado consumers’ personal information. Please note that because the categories of personal data collected and shared largely depends on how a consumer has interacted with our dealership, not all of the items listed in the tables below will be relevant to you. For example, we generally only collect veteran status when a consumer qualifies for a military rebate. 

Categories of Personal Data We Collect

Categories of Personal Information Collected

• such as real name, postal address, IP address, email address, SSN, driver’s license number, passport number, cookies, pixel tags, and similar identifiers.
• Age and Veteran Status under state or federal laws, which may include information such as age (date of birth) and veteran status (to determine eligibility for military or similar rebates and comply with the Military Lending Act).
• Audio / Video / Visual / Electronic such as photographs, recorded calls, voicemails, and online & electronic communications, such as those made via a live or automated online chat module.
• Commercial such as vehicles, products, services, and repairs purchased, obtained or considered; personal property records (e.g., vehicle titles and registration cards); or other purchasing or consuming histories or tendencies.
• Customer Records such as digital and electronic signatures, telephone numbers, insurance policy numbers, credit and debit card numbers, financial and credit-related information, physical characteristics and descriptions (e.g., government identification), bank account numbers, and medical and health insurance information (in the context of employment).
• Education such as diplomas and transcripts for student rebate eligibility.
• Geolocation such as tracking and user-enabled location identification.
• Identifiers such as real name, postal address, IP address, email address, SSN, driver’s license number, passport number, cookies, pixel tags, and similar identifiers.
• Inferences to create a profile about you reflecting your product or vehicle preferences, purchasing tendencies and behaviors.
• Internet Activity such as interactions with our websites, applications, and advertisements.
• Professional/Employment such as job title, occupation, company or business name, and employment history information.

 

Categories of Sources from which the Personal Information is Collected

• Advertising Networks & Agencies such as digital advertising companies and other marketing firms.
• Captive Finance Companies and wholly-owned subsidiaries of automakers that offer loans, lease programs, and other financial services to our customers.
• Cell Phone Carriers otherwise referred to as wireless service providers, wireless carriers, cellular companies, or mobile network carriers.
• Credit Reporting Agencies such as Experian, TransUnion and Equifax that gather account information from various creditors and provide that information to dealers in connection with an application for credit.
• Customer Data Platforms & Analytics Providers such as equity mining, data mining, call tracking, and sales prospecting tools.
• Directly from Consumers through our website forms and via in-person applications, forms and contracts.
• Government Entities such as the Department of Motor Vehicles (DMV) and various other state and federal agencies.
• Insurance Companies that provide us with information relating to vehicle collisions, auto accidents, and other claims.
• Internet Service Providers that provide services for accessing, using, or participating in the internet.
• Job Boards & Screening Companies such as background check companies and services that allow job seekers to submit resumes and apply to us directly.
• Online Lead Providers and third party websites that collect and share data relating to consumers whose product preferences or inquiries align with the offerings of our dealership.
• Social Media Networks such as Facebook, Instagram, and other platforms used to run various advertising campaigns.
• Tow Companies that transport customer vehicles to the dealer's service department.
• Vehicle Manufacturers for which we are franchised to sell new motor vehicles.
• Vehicle Subscription Services that partner with dealerships to deliver vehicles to customers that subscribe to their short-term or month-to-month vehicle programs.

 

Business or Commercial Purposes for which the Personal Information was Collected or Sold

• Advertising & Marketing to send advertisements and marketing material via physical and electronic mail relating to product specials and other promotional events or offers, perform marketing research and data analytics, and perform similar activities.
• Claims & Benefits Administration to process claims, administer benefits, and conduct employee drug tests in accordance with applicable laws.
• Contextual and Behavioral Targeting to provide contextual customization of ads shown as part of an interaction with our website or application, such as through the use of “first-party” or “session” cookies.
• Counting Ad Impressions & Website Interactions to audit interactions with our websites, applications, or advertisements, count ad impressions to unique visitors, verify position and quality of ad impressions, and perform similar activities.
• Customer Service to provide customer service, maintain and service products and accounts, provide training for quality assurance purposes, and perform similar activities.
• Defending Against Claims & Litigation to defend against or respond to potential or actual claims and litigation, including, but not limited to, those against the manufacturer of a particular vehicle we've sold.
• Determining Employment Eligibility to determine eligibility for employment, verify references and employment history, and conduct background checks.
• Employee Engagement & Emergency Contact Communications to communicate and engage with employee across the organization, enhance company morale by acknowledging significant events (e.g., birthdays, work anniversaries, etc.) and reaching out to emergency contacts listed for employees.
• Employee Onboarding to conduct employee onboarding.
• Employee Productivity to ensure employee productivity and adherence to company policies.
• Fraud Prevention to help ensure security and integrity, such as necessary to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and to prosecute those responsible for that activity.
• Human Resources Support & Services to provide employees with human resources management services and employee data maintenance and support services.
• Internal Audits & Investigations to conduct internal audits and investigate complaints, grievances, and suspected violations of internal policies.
• Monitoring Driving Records to monitor employee driving records as required or allowed by state and federal law.
• Performance Evaluations & Customer Satisfaction to evaluate employee performance during the service and/or sales process and monitor customer satisfaction.
• Preventing Unauthorized Access to prevent unauthorized access to or use of company property, including information systems, electronic devices, network, and data.
• Processing Transactions to process or fulfill orders and transactions, verify customer information, process payments, confirm eligibility for manufacturer rebates, and perform similar activities.
• Providing Financing to provide financing in connection with a vehicle purchase, lease or related products or services.
• Public Health and Safety to conduct screening or temperature checks for COVID-19 symptoms or similar screening activities related to public health and safety.

 

Disclosure of Personal Data to Third Parties

 

Categories of Personal Information Disclosed for a Business Purpose or Sold to Third Parties:

Age and Veteran Status under state or federal laws, which may include information such as age (date of birth) and veteran status (to determine eligibility for military or similar rebates and comply with the Military Lending Act).

• Categories of Third Parties to Whom the Information was Disclosed: 
• Attorneys & Law Firms, Auditors & Consultants, Car Rental Companies, Check Guarantee Companies, Claims & Benefits Administrators, Credit Reporting Agencies (CRAs), Debt Collection Agencies & Repossession Companies, Digital Retailers & eCommerce Platforms, Employee Screening & Background Check Companies, Financial Institutions, Government Entities, Insurance Brokers (non-health related), Records Management Companies, Social Media Networks, Software Vendors, Website and Hosting Providers
• Categories of Third Parties to Whom the Information was Sold or Shared for Cross-context Behavioral Advertising:
• Customer Data Platforms & Analytics Providers, Vehicle Manufacturers

Audio / Video / Visual / Electronic such as photographs, recorded calls, voicemails, and online & electronic communications, such as those made via a live or automated online chat module.

• Categories of Third Parties to Whom the Information was Disclosed: 
• Attorneys & Law Firms, Social Media Networks, Software Vendors
• Categories of Third Parties to Whom the Information was Sold or Shared for Cross-context Behavioral Advertising:
• N/A

 

Commercial such as vehicles, products, services, and repairs purchased, obtained or considered; personal property records (e.g., vehicle titles and registration cards); or other purchasing or consuming histories or tendencies.

• Categories of Third Parties to Whom the Information was Disclosed: 
• Attorneys & Law Firms, Auctions & Wholesalers, Auditors & Consultants, Car Rental Companies, Chat Modules, Check Guarantee Companies, Debt Collection Agencies & Repossession Companies, Digital Retailers & eCommerce Platforms, F&I Product Providers & Administrators, Financial Institutions, Government Entities, Insurance Brokers (non-health related), Lien Sale Companies, Professional Service Companies, Records Management Companies, Repair & Sublet Facilities, Reputation Management Companies, Social Media Networks, Software Vendors, Transportation Companies, Website and Hosting Providers
• Categories of Third Parties to Whom the Information was Sold or Shared for Cross-context Behavioral Advertising:
• Advertising Networks & Marketing Agencies, Customer Data Platforms & Analytics Providers, Vehicle Manufacturers

 

Customer Records such as digital and electronic signatures, telephone numbers, insurance policy numbers, credit and debit card numbers, financial and credit-related information, physical characteristics and descriptions (e.g., government identification), bank account numbers, and medical and health insurance information (in the context of employment).

• Categories of Third Parties to Whom the Information was Disclosed: 
• Attorneys & Law Firms, Auctions & Wholesalers, Auditors & Consultants, Car Rental Companies, Chat Modules, Check Guarantee Companies, Claims & Benefits Administrators, Credit Reporting Agencies (CRAs), Debt Collection Agencies & Repossession Companies, Digital Retailers & eCommerce Platforms, Employee Screening & Background Check Companies, F&I Product Providers & Administrators, Financial Institutions, Government Entities, Insurance Brokers (non-health related), Payment Processors & Gateways, Professional Service Companies, Records Management Companies, Repair & Sublet Facilities, Reputation Management Companies, Rideshare Companies, Social Media Networks, Software Vendors, Tow Companies, Transportation Companies, Website and Hosting Providers
• Categories of Third Parties to Whom the Information was Sold or Shared for Cross-context Behavioral Advertising:
• Advertising Networks & Marketing Agencies, Customer Data Platforms & Analytics Providers, Vehicle Manufacturers

 

Education such as diplomas and transcripts for student rebate eligibility.

• Categories of Third Parties to Whom the Information was Disclosed: 
• Attorneys & Law Firms, Auditors & Consultants, Debt Collection Agencies & Repossession Companies, Financial Institutions, Records Management Companies, Software Vendors, Website and Hosting Providers
• Categories of Third Parties to Whom the Information was Sold or Shared for Cross-context Behavioral Advertising:
• Vehicle Manufacturers

 

Geolocation Data (non-precise) such as locational data based on visitor IP addresses.

• Categories of Third Parties to Whom the Information was Disclosed: 
• Attorneys & Law Firms, Chat Modules, Digital Retailers & eCommerce Platforms, Social Media Networks, Software Vendors, Website and Hosting Providers
• Categories of Third Parties to Whom the Information was Sold or Shared for Cross-context Behavioral Advertising:
• Advertising Networks & Marketing Agencies, Vehicle Manufacturers

 

Identifiers such as real name, postal address, IP address, email address, SSN, driver’s license number, passport number, cookies, pixel tags, and similar identifiers.

• Categories of Third Parties to Whom the Information was Disclosed: 
• Attorneys & Law Firms, Auctions & Wholesalers, Auditors & Consultants, Car Rental Companies, Chat Modules, Check Guarantee Companies, Claims & Benefits Administrators, Credit Reporting Agencies (CRAs), Debt Collection Agencies & Repossession Companies, Digital Retailers & eCommerce Platforms, Employee Screening & Background Check Companies, F&I Product Providers & Administrators, Financial Institutions, Government Entities, Insurance Brokers (non-health related), Lien Sale Companies, Payment Processors & Gateways, Professional Service Companies, Records Management Companies, Repair & Sublet Facilities, Reputation Management Companies, Rideshare Companies, Social Media Networks, Software Vendors, Tow Companies, Transportation Companies, Uniform & Apparel Companies, Website and Hosting Providers
• Categories of Third Parties to Whom the Information was Sold or Shared for Cross-context Behavioral Advertising:
• Advertising Networks & Marketing Agencies, Customer Data Platforms & Analytics Providers, Vehicle Manufacturers

 

Inferences to create a profile about you reflecting your product or vehicle preferences, purchasing tendencies and behaviors.

• Categories of Third Parties to Whom the Information was Disclosed: 
• Digital Retailers & eCommerce Platforms, Social Media Networks, Software Vendors, Website and Hosting Providers
• Categories of Third Parties to Whom the Information was Sold or Shared for Cross-context Behavioral Advertising:
• Advertising Networks & Marketing Agencies, Customer Data Platforms & Analytics Providers, Vehicle Manufacturers

 

Internet Activity such as interactions with our websites, applications, and advertisements.

• Categories of Third Parties to Whom the Information was Disclosed: 
• Attorneys & Law Firms, Chat Modules, Digital Retailers & eCommerce Platforms, Reputation Management Companies, Social Media Networks, Software Vendors, Website and Hosting Providers
• Categories of Third Parties to Whom the Information was Sold or Shared for Cross-context Behavioral Advertising:
• Advertising Networks & Marketing Agencies, Customer Data Platforms & Analytics Providers, Vehicle Manufacturers

 

Professional/Employment such as job title, occupation, company or business name, and employment history information.

• Categories of Third Parties to Whom the Information was Disclosed: 
• Attorneys & Law Firms, Auditors & Consultants, Claims & Benefits Administrators, Credit Reporting Agencies (CRAs), Debt Collection Agencies & Repossession Companies, Digital Retailers & eCommerce Platforms, Employee Screening & Background Check Companies, Financial Institutions, Government Entities, Insurance Brokers (non-health related), Records Management Companies, Social Media Networks, Software Vendors, Uniform & Apparel Companies, Website and Hosting Providers
• Categories of Third Parties to Whom the Information was Sold or Shared for Cross-context Behavioral Advertising:
• Customer Data Platforms & Analytics Providers

 

Your Rights Under the CPA

1. Right to Opt-Out of Sharing Your Information For Value 

The CPA provides consumers with the right to opt-out of targeted advertising and the sale of their personal data. The CPA defines a "sale," "sell," or "sold" as the exchange of personal data for monetary or other valuable consideration by a controller to a third party. While we do not sell personal data for monetary value, we may disclose data to third parties, such as vehicle manufacturers, in such a way that may be considered a "sale" of personal data under the CPA. To direct us to stop the sale of your personal data or processing it for targeted advertising (e.g. with companies like Facebook or Google), click here to submit a request using our interactive web form.

2. Right to Access and Know About Personal Data Collected, Disclosed, or Sold

You have a right to request that we disclose the categories of personal data we have collected and processed. You also have the right to request that we disclose the specific pieces of personal data that we have collected about you. These are referred to collectively as "Right to Know" requests under the CPA.

3. Right to Correct Personal Data

You have the right to correct any inaccuracies you find in your personal data.

4. Right to Request Deletion of Personal Data

You have the right to delete the personal data we've collected about you. The "Right to Delete" is subject to several legal exceptions, such as when we are required by another state or federal law to retain your information.

5. Right to Data Portability

You also have the right to request that we disclose the specific pieces of personal data that we have collected about you, which we call a "specific pieces" request. You may exercise this right no more than two times per calendar year per the CPA.

Authentication of Requests

To protect against fraud, identity theft, and the unauthorized disclosure or deletion of personal data, we require that consumers submitting requests first verify their identity. This may include a combination of SMS (text message) verification, email verification, and one or more questions regarding the consumer’s particular interaction or transaction with our dealership. If the consumer fails to verify their request via these methods, or the information provided by the consumer otherwise does not match our existing records, we will deny the request.

How to Submit a CPA Request

To exercise  any of your rights under the CPA and submit anyone of the noted requests, click here to access our online consumer  request portal, or call our toll free number at (970) 226-3000.

Authorized Agents

A consumer may designate an authorized agent to make a request under the CPA on the consumer’s behalf. If a consumer wishes to authorize another person to act as an authorized agent on the consumer’s behalf, the consumer must provide the authorized agent permission to do so. An authorized agent can submit a CPA request on behalf of a Colorado resident by clicking here.

To help prevent fraudulent requests, we reserve the right to deny a request from an agent that does not submit proof that he or she has been authorized by the consumer to act on the consumer’s behalf. As proof that the agent has been duly authorized by the consumer to submit a CPA request, the agent will be required to upload either (1) power of attorney signed by consumer, or (2) other signed permission from the consumer. Pursuant to California Probate Code Sections 4300 to 4310, if an agent provides power of attorney signed by the consumer (“principal”) that purports to give the agent authorization to submit the request on the principal’s behalf, we may require that the agent provide information reasonably necessary or appropriate to identify the agent and principal and to facilitate the request. This includes, but is not limited to, identification of the agent and principal and the current and permanent residence addresses of the principal. If the agent provides some other signed permission from the consumer, we may require that the consumer (1) verify their identity directly with us through a combination of SMS (text message) verification, email verification, and one or more questions regarding the consumer’s particular interaction or transaction with our dealership and (2) confirm that he or she provided the authorized agent permission to submit the request.

Contact Us

For questions or concerns about our Privacy Policy, please contact us by email at privacy@edcarrollmotorco.com or by phone at (970) 226-3000.

Section 2 - Other Important Privacy Disclosures

Other Important Privacy Disclosures

Consent and Notification of Revisions

By accessing or using our Sites and/or Services, you consent to this Privacy Policy. If you do not agree with this Privacy Policy or our Terms of Service, please do not access or use the Site(s) or Services. We may periodically modify or update our Privacy Policy with or without notice to you by posting the most updated version on this page. Please see the “Revision Date” at the top of this document to see when the Privacy Policy was last changed. We will update the “Revision Date” in the privacy policy to notify you of any substantive changes to the way we collect and use information. We encourage you to periodically review this Privacy Policy to obtain the most up-to-date information on how we are handling your personal information. If you do not agree to changes to this Privacy Policy, you must stop using the Sites after the last revision date of such changes.

Collection of Anonymous Information

We collect anonymous user information, such as data collected from tools like Google Analytics, which includes anonymous and aggregate details (such as pages visited and time spent on our Site) from all visitors to our Sites. This type of anonymous information is not directly associated with any of your personal details unless you voluntarily provide that information to us. This information helps us create statistical reports about the usage of our Sites.

However, if you accept the use of cookies and similar technologies through our site's cookie banner or other available mechanisms that control the use of online data shared with third parties, the above disclosure about anonymous information may not apply. In such cases, your data could be combined or linked in ways that might identify you.

How We Respond To Do-Not-Track Signals & Universal Opt-Out Mechanisms

A “do-not-track” signal is a privacy preference feature in some web browsers that tells a website that a user does not want their online activity to be tracked. We currently support Do Not Track (“DNT”) and Global Privacy Control (“GPC”), specifications designed to allow internet users to notify businesses of their privacy preferences, such as whether or not they want to be tracked or have their personal information sold or shared with third parties for targeted advertising. These specifications consist of a setting or extension in the user’s browser or mobile device and act as mechanisms that our websites can use to honor your privacy settings. If your browser or device has enabled DNT or GPC, it will override your preferences selected in the cookie banner or privacy settings on this Site. 

You can learn more about DNT by clicking here. GPC is available for an increasing number of browsers and browser extensions, click here to view the options. If you want to use GPC, you can download and enable it via a participating browser or browser extension. More information about downloading GPC can be found by clicking here.

Third-party Links

This Privacy Policy applies only to our Sites and Services, and information collected for us or by us through various features and online offerings on our Sites. Our Sites contain links to other third-party sites, and our Privacy Policy does not apply to any third-party site or service linked to our Sites or recommended or referred by our Sites or by our staff. We are not responsible for the website, privacy practices or content of any third-party. If you have any questions about how these other sites use your information, you should review their policies and contact them directly.

Security

We implement reasonable security measures to ensure the security of your personal information. However, no data transmissions over the Internet can be guaranteed to be 100% secure by nature. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk. We may attempt to notify you electronically of any security system breach so that you can take appropriate steps. By using the Services or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. We may post a notice via our website if a security breach occurs or send an email to you at the email address you provided. You may have a legal right to receive notice of a security breach in writing depending on where you live.

While we use encryption to protect online information, we also make all reasonable efforts to secure and protect your information offline. All of our customers’ information is restricted in our offices and only employees who need the information to perform a specific job function are granted access to this information. The services that store your personal information are housed in a secure environment.

Business Transfers and Related Activities

We may share or transfer your information in the course of any direct or indirect reorganization process such as, but not limited to, mergers, acquisitions, divestitures, bankruptcies, and sales of all or a part of our assets. Your information may be shared as a result of such transaction and/or during the assessment process pending transfer. In the event your information is transferred due to one of these events, know that your information would remain subject to this Privacy Policy or a privacy policy that protects your privacy to an equal degree as this Privacy Policy.

Chat Modules

We (or our third-party vendors on our behalf) may collect certain categories of personal information from you when you use our interactive chat module. In addition to the information you may enter into the chat box or live chat feature, the categories of personal information include, but are not limited to, name, phone number, email, mailing address, and other identifiers you may provide. Additionally, we (or our third-party vendors on our behalf) may also store any transcripts from such conversations and link those transcripts with your personal information. We (or our third-party vendors on our behalf) may also collect information from you to perform data analytics and thereby enhance your experience and help improve the functionality of our tools and digital advertising in an effort to present to you only relevant products and services. Such information includes, but is not limited to, geolocation, IP address, pixel tags, browsing history, viewing behavior, clicks, online activity, and other analytics. By interacting with the chat module, you understand and agree that we may use this data to communicate with you about our products and services. You also consent to our collection and analysis of all personal information provided as part of the chat module and understand that we utilize a vendor to process, analyze, and store the content of the chat on our behalf. By using the chat module, you are consenting to us disclosing and sharing with the chat module vendor any information (including personal information) you provide.

Use of Session Replay Tools

We (or our third-party vendors on our behalf) may collect certain categories of personal information from you when you interact with our website(s) or application(s) through the use of session replay tools. Session replay is a tool that recreates your sessions from our websites or applications (including visual elements), giving us (or our third-party vendors on our behalf) a better understanding of how you interact with our websites and applications to help maximize the customer’s experience. Session replay tools that we may utilize include, but are not limited to, video-like playback, error tracking integration, application performance monitoring (APM) integration, real user monitoring (RUM) session timeline, and speed controls. Depending on your interaction with our website (e.g. when you complete a “Contact Us” form), the categories of personal information we may also capture include, but are not limited to, name, phone number, email, mailing address, and other identifiers that you may provide. By interacting with our website(s) or application(s), you are consenting to us (or our third-party vendors on our behalf) capturing any interactions and any information (including personal information) you provide.

Children Under 13 Years of Age

Our Sites and Services are not intended for children under thirteen (13) years of age. Dealership does not knowingly collect or use and personal information from children under thirteen (13) years of age, and does not knowingly provide any personal information to any third party for any purpose whatsoever from visitors younger than thirteen (13) years old. If you are under thirteen (13) years old, please do not provide any information on our Sites or through our Services.

Use of Cookies & Similar Technologies

We use cookies and other similar technologies (e.g. web beacons, tracking pixels, scripts, fingerprinting, and local storage) to deliver content specific to your interests, track your website activity, help our Sites remember you, enhance your online experience with us, and provide you with information you’re most likely to need. Cookies are small pieces of text used to store information on web browsers. Cookies and any technology that serves a similar purpose as a cookie in the context of tracking users/devices, identifying users/devices, processing information that users or their devices send to or through the Site, or building consumer profiles are included in our use of the term “cookie” for the purpose of this Privacy Policy. We, our service providers, or third-parties (e.g., advertisers and social media) may use and/or receive information from “first-party cookies” or “third-party cookies” as described below. 

Cookies are first categorized by who places them or who is intended to receive information from them (first-party vs. third party), and secondly by their purpose.

First-Party and Third-Party Cookies  

First-Party Cookies. 

First-Party Cookies refer to cookies that are created or placed by us. Many first-party cookies are essential cookies as described below.

Third-Party Cookies. 

Third-party cookies refer to any cookie that is created or placed by a third-party. A third-party cookie often (but not always) shares or enables the sharing of information to an entity other than our own Sites. 

We employ a holistic approach to determine if a cookie is classified as “first-party” or “third-party” including the domain that creates the cookie; the cookie’s domain attribute; and the domain of the server to which network requests that transmit information related to the cookie are sent. Accordingly, under this definition, even cookies with a first-party domain attribute may be classified as a “third-party cookie” if the cookie is set by, used by, or shared with a third party.

Cookie Purpose Categories  

Essential Cookies. 

Essential cookies refer to cookies that are critical for the functioning of a website. These cookies enable basic features such as page navigation, and access to secure areas of the website. Essential cookies are typically used to maintain a user's session, store authentication information, hold shopping cart items, comply with state or federal laws (e.g., accessibility or cookies preferences), and ensure the security of transactions. Without these cookies, a website may not work, or may not be able to provide certain basic services or features, and its performance may be affected​. Essential cookies can be first-party cookies or third-party cookies. Our Sites do not support an inherent mechanism to allow users to opt-out of essential cookies.

• Functional Cookies: These cookies allow the Sites to remember choices made by the user, such as language preferences, login details, or region selection, to provide a more personalized experience. These cookies also allow optional functionality, like chat modules, payment calculators, and service scheduling tools, to run. Functional cookies are also used to improve the functionality of the Site, such as by tracking errors. In the absence of these cookies, the website will still function, but certain features or enhancements may not be available or may have limited functionality.
• Marketing Cookies: Marketing cookies consist of two subcategories of cookies:
• Analytics Cookies.  These cookies that collect and transmit analytics and statistical  information about how visitors use a website. These cookies help website owners understand how visitors interact with their site. The information gathered may include the number of visitors to the site, the pages they visited, the average time spent on the site, and the referring websites. This data is then used to improve the website's performance, content, and user experience. By analyzing visitor behavior, website owners can identify areas that need improvement, optimize their site for better engagement, and make data-driven decisions to enhance their online presence. (Note: not all analytics cookies are used for marketing purposes.)
• Targeting Cookies. Also known as targeted advertising cookies and cross-context behavioral advertising cookies, these cookies are used to deliver advertisements that are more relevant to users based on their interests and browsing behavior. These cookies collect information about a user's online activities (including by uniquely identifying the user and/or user’s browser and device), such as the websites they visit, the pages they view, and the links they click. This data can then be used to create a profile of the user's interests, which allows advertisers to display targeted ads that are more likely to be of interest to the individual. They are also used to limit the number of times an ad is shown and to help measure the effectiveness of advertising campaigns. Targeting cookies can also be used for retargeting, where ads for previously viewed products or services follow the user across different websites. The purpose of targeting cookies is to improve the effectiveness of online advertising by showing users ads that are more aligned with their preferences and interests.

 

Users may opt-out of cookies as described in the cookie banner that appears when first visiting our Sites. Additionally, users can opt-out of marketing cookies by using a browser or plug-in that supports Do Not Track (“DNT”) or Global Privacy Control (“GPC”), by submitting an opt-out request (see this Privacy Policy for more info), or as otherwise described in this Privacy Policy. 

Additional Information about Cookies.

Some web browsers offer settings that allow you to choose whether cookies are set by the websites that you visit. These controls vary by browser, but may allow you to disable all cookies, disable cookies for individual websites, or notify you whenever a cookie is set. Please note that if you disable cookies, you may still use our website, but your ability to use some features or areas of the Site may be limited. 

Our Sites may use products, such as Google Analytics, to measure how you interact with our Sites and to improve your user experience. For more information on Google Analytics, its privacy practices, and opt-out mechanisms, please visit the Google Analytics Security and Privacy Principles page at https://support.google.com/analytics/answer/6004245?hl=en. For Google’s privacy policy and instructions on opting-out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout. 

The Network Advertising Initiative also offers a means to opt-out of a number of advertising cookies. To learn more, please visit www.networkadvertising.org. Note that opting-out does not mean you will no longer receive online advertising. It means that the company or companies from which you opted-out will no longer deliver ads tailored to your preferences and usage patterns.

Note that this Site's cookie banner and privacy settings will only opt you out of the future tracking and sharing by cookies that are deployed by our Sites. In order to manage the information sharing and advertising cookies not deployed by our Sites (e.g., other third-party companies' cookies that are already tracking you), you may want to consider using one of the consumer choice tools created under self-regulation programs, such as the US-based https://optout.aboutads.info/?c=2&lang=EN choices page.

 

SMS Terms 2

Dispute Resolution, Arbitration Agreement, Class Action Waiver

Initial Dispute Resolution Procedure 

Notice of Dispute, Requirement to Attempt to Resolve Disputes Informally. 

By visiting the Sites and/or using the Services you and Dealership agree that if there is any controversy, claim, action, proceeding, demand, or dispute arising out of or related to your visit to the Sites, use of the Services, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it (hereinafter “Dispute”), both you and we shall first try in good faith to resolve such Dispute informally by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) calendar days in which to respond to or resolve the Dispute. Notice shall be sent to us at ATTN: PO Box 273424, Boca Raton, FL 33427 , and to you at the address or email we have on file for you. Both you and the Dealership 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. This notice and informal resolution requirement will not apply to the extent it is prohibited by law.

Arbitration, Class Action Waiver. 

IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE INITIAL DISPUTE RESOLUTION PROCEDURE, WE BOTH AGREE THAT THE DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. 

This means that if you and we have a Dispute that is not resolved in the informal process described in section 3.1 above, we both agree to resolve it through arbitration. Arbitration means that a neutral third party will hear both sides and make a decision. This is different from a court trial, where a judge or jury hears the case in a formal court setting and makes a decision. We both agree not to sue each other in court. 

This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will be before a single arbitrator and the arbitrator’s decision will be final and binding on both of us.

The arbitration will be held pursuant to the rules of the American Arbitration Association - Consumer Arbitration Rules (if you are a business, the American Arbitration Association - Commercial Arbitration Rules will apply instead) (as applicable, the “Rules”). You can access a copy of the rules at: www.adr.org/rules. The Rules provide the steps required to start an arbitration case. 

This arbitration agreement does not apply to Disputes that you or we bring against the other party that are within the jurisdiction of small claims court. If the amount in controversy of a Dispute in small claims court exceeds the jurisdiction of the small claims court, that Dispute will be subject to this arbitration agreement. 

Class action waiver. 

We both agree that any Dispute will be handled individually. This means that you or we cannot join together with other people who have a similar problem to bring a single case against the other party. You also cannot be part of a class action lawsuit (or class action arbitration) against us, and we cannot be a part of a class action lawsuit (or class action arbitration) against you.

By using our Services, and visiting our Site, you agree to this arbitration agreement and class action waiver. If you do not agree, please do not use our Services or visit our Site.

If any part of this arbitration agreement and/or class action waiver is found to be invalid or cannot be enforced, the rest of the arbitration agreement and class action waiver will still apply. The arbitrator will decide if any part is invalid or cannot be enforced.

Other Arbitration Agreements

In the event of a conflict between this arbitration agreement and any other arbitration agreement between you and the us, such as an arbitration agreement contained in a retail installment sale contract, purchase order, lease agreement, or repair estimate (hereinafter “Other Arbitration Agreement”), the terms of the Other Arbitration Agreement shall govern and prevail in each instance.

Venue And Choice Of Law

This Privacy Policy has been made in, and shall be construed in accordance with the laws of Florida 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 that state and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

If any part of this Privacy Policy is found to be invalid or cannot be enforced, the rest of the Privacy Policy will still apply.