Effective Date: [01/01/2020]
PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH MAY, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, REQUIRE YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST FAHRNEY FORD 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.
NOTICE OF COLLECTION OF PERSONAL INFORMATION
Effective Date: 1/1/2020
The purpose of this notice is to inform you of the categories of personal information we collect from you and the business and commercial purposes for which those categories are used. Please note that FAHRNEY FORD does not sell your personal information to any third party.
FAHRNEY FORD is constantly striving to improve our customer service and experience, and as such, we sometimes modify the services and products we offer to our customers. Accordingly, we reserve the right to amend this notice at our discretion and at any time. When we make changes to this notice, we will post the updated notice on the website and update the notice’s effective date. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.
FAHRNEY FORD collects and uses your personal information for a variety of business purposes, including, but not limited to:
- Providing products, financing, and services to you;
- Communicating with you regarding FAHRNEY FORD, our products, services, and events;
- Customizing your FAHRNEY FORD experience;
- Responding to your inquiries, comments, reviews, or postings;
- Improving and customizing our online website and services;
- Processing payments and fulfilling orders;
- Investigating or settling inquires, disputes, and fraud; and
- Marketing and advertising purposes.
- Obtaining your information from automotive lead generators and other marketing and advertising agencies.
Below is a summary of the categories of personal information we collect and the associated business purposes (as that term is defined under the CCPA) for which that information is used:
Below is a chart regarding the personal information we have collected about consumers during the last 12 months:
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)
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).
Protected classification characteristics under California or federal law, such as:
A photocopy/scan of government issued identification reveals personal information. For example:
Completion of a Translated Contract Acknowledgement or signing of translated documents reveals a consumer’s primary language
Commercial information, such as:
Vehicle information, ownership information, and current lease or finance terms
Consumers who finance/lease vehicles may be asked to complete a “Thumbprint form”
Internet or other similar network activity information, such as:
IP address, browsing history, and search history
Geolocation information, such as:
IP address and vehicle location (using GPS, as permitted by law)
Sensory data, such as
Audio information from voicemail messages and/or recorded phone calls (with consumers’ consent)
Professional or employment-related information, such as:
Information regarding current occupation
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
Inferences drawn from personal information to create a profile, such as:
Information regarding consumers’ vehicle preferences and needs
- Essential. Some cookies are essential in order to enable you to move around our website and use its features, such as accessing secure areas of our website. Without these cookies, we cannot enable appropriate content based on the type of device you are using.
- Analytics. We use Google Analytics to measure how you interact with our website and to improve your user experience. To learn more about Google Analytics privacy practices and opt-out mechanisms, please visit the Google Analytics, Security, Privacy, Principles https://support.google.com/analytics/answer/6004245?hl=en.
COLLECTION AND USE OF INFORMATION FROM CHILDREN
Our Services are not intended for children. We do not knowingly collect personal information from children, and none of our Services are designed to attract children. In the event that we learn that a person under the age of 13 has provided personal information to us, we will delete such personal information as soon as possible.
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.
Additionally, we may send you information regarding our Services, such as information about changes to our policies and other notices and disclosures required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature, rather than promotional.
Our website contains links to other sites. FAHRNEY FORD 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.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits visitors to the Services who are California residents to request certain information, once a year, regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us an email using the contact information provided below and put “Shine the Light Request” in the subject line of your email.
From January 1, 2020, California consumers have the following rights:
- Right to know
You have the right to request information about the categories and specific pieces of personal information we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the categories of third parties with whom we share such information. Please see above.
You have the right to request information about our sale or disclosure for business purposes of your personal information to third parties in the preceding 12 months. Please see above.
- Right to delete
You have the right to request the deletion of your personal information. Please note that notwithstanding your request, California law permits us to retain certain categories of personal information for numerous purposes, including to complete a transaction, to perform a contract between you and FAHRNEY FORD, and to comply with a legal obligation.
- Right to opt-out of sale
You have the right to opt out of the sale of your personal information to third parties. You can exercise this right through by using the contact information provided below.
- Right to non-discrimination
You have the right to not be discriminated against for exercising any of these rights.
We do not sell or knowingly collect the 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 that does not submit proof 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.
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. FAHRNEY FORD IS NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN PUBLIC POSTING AREAS.
We implement reasonable security measures to ensure the security of your personal information. Please understand, however, that no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, FAHRNEY FORD 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. If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective 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. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
INTERNATIONAL DATA TRANSFERS
FAHRNEY FORD 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.
In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personal information collected via the Services.
DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE
Except where and to the extent prohibited by law, by using the Services, you and FAHRNEY FORD agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the 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 thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:
- FAHRNEY FORD, at 3105 HIGHLAND AVE. SELMA, CA 93662 or
- You, at the address we have on file for you.
Both you and FAHRNEY FORD 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 YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. 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 exclusively submitted to PRIVACY@FAHRNEYGROUP.COM for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
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.
OTHER ARBITRATION AGREEMENTS
In the event of a conflict between this agreement to arbitrate and any other arbitration agreement between you and the FAHRNEY FORD, 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.
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
We treat user-enabled privacy controls, such as a browser plugin or privacy setting, that communicates or signals the consumer’s choice to opt-out of the sale of their personal information, as a valid request to opt-out.
We reserve the right to change this Policy from time to time. When we do, we will also revise the “Effective Date” at the top of this Policy. If we make material changes to the Policy, we will notify you by placing a prominent notice on our website and/or by sending you an email at the email address we have on file for you. We encourage you to periodically review this Policy to keep up to date on how we are handling your personal information.
ADDITIONAL FORMATS, ACCESSABILITY AND LANGUAGES
CTRL + P to print a copy of our Notice at Collection of Personal Information.
If you have any questions, comments or concerns about our privacy practices or this Policy, please contact us at:
3480 E. FLORAL AVE.
SELMA, CA 93662