Empire Nissan Inc dba Empire Nissan
The Effective Date of this Privacy Policy is January 1, 2020.
INTRODUCTION
Empire Nissan ("Dealership", "we", "us", or "our") respects the privacy of the information you entrust to us. This Privacy Policy ("Policy") applies to both the online and offline collection of personal information by Dealership. By using our products and services, websites, mobile and other online and offline applications (collectively referred to as "Services"), you acknowledge that you have read and understand and consent to the terms and conditions of this Policy. If you do not agree to the terms and conditions of this Policy, please do not use our Services.
This Policy does not describe the collection, use and disclosure practices of any of our corporate affiliates or third parties. Nissan North America is a nonaffiliated third party. This Policy applies only to the Dealership and not Nissan North America. For information on the collection, use and disclosure practices of any company with whom you are doing business, whether or not affiliated with us, please review their privacy policies.
This website is operated by our service provider, Dealer.Com ("Website Provider"). As the operator of our website, Website Provider may have access to information (including personal information) that you submit when you use our websites, as described in this Policy. Please visit https://www.dealer.com/company/dealer-com-privacy-policy/ for more information about Website Provider's privacy practices.
The Services offered by Dealership are not directed to individuals under the age of eighteen (18). If you are under eighteen (18), you should not provide any personal information to us.
INFORMATION WE COLLECT
Click here https://www.empirenissan.com/notice-at-collection.htm for our Notice at Collection of Personal Information, which lists the categories of personal information we collect from consumers and the purposes for collecting the information.
Below is a chart regarding the personal information we have collected about consumers during the last 12 months:
|
Category of personal data |
Source(s) |
Purpose(s) for collection |
Disclosure/sale 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) |
· Directly from consumers · Indirectly from consumers (e.g., from observing consumers' actions on our Services) · Third-party service providers, including advertising companies, analytics providers, and websites or companies that provide information regarding vehicles or provide listings of vehicles available for sale/lease, that forward identifiers provided by consumers
|
· 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 · Data analytics
|
· Disclosure/sale for business purposes to internet service providers and other service providers, payment processors and, if applicable to transaction, warranty, insurance or service contract administrators · Disclosure/sale for marketing purposes and analytical purposes to advertising companies and other third parties · 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/sale 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 |
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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). |
· Directly from consumers · Third-party service providers, including advertising companies and analytics providers
|
· 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 · Data analytics |
· Disclosure/sale for business purposes to internet service providers and other service providers, delivery services and payment processors · Disclosure to state or federal agencies, when required by law · Disclosure/sale 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 · Disclosure/sale for marketing purposes and analytical purposes to advertising companies and other third parties
|
|
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 |
· Directly from consumers · Government's Military Lending Act website |
· 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 manufacturer or lender for processing applicable rebate · Disclosure to state or federal agencies, when required by law |
|
Commercial information, such as: Vehicle information, ownership information, and current lease or finance terms |
· Directly from consumers · Third parties, such as vehicle manufacturer and/or advertising companies
|
· 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 · Data analytics |
· Disclosure/sale for business purposes to payment processors, delivery services and, if applicable to transaction, warranty, insurance or service contract administrators, · 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 |
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Biometric information Consumers who finance/lease vehicles or that purchase/lease vehicles through a broker may be asked to complete a "Thumbprint form" |
· Directly from consumers
|
· To confirm identity
|
N/A |
|
Internet or other similar network activity information, such as: IP address, browsing history, and search history |
· Indirectly from consumers (e.g., from observing consumers' actions on our Services)
|
· 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 · Data analytics |
· Disclosure/sale for business purposes to internet service providers and other service providers · Disclosure/sale for marketing purposes and analytical purposes to advertising companies and other third parties
|
|
Geolocation information, such as: IP address and vehicle location (using GPS, as permitted by law) |
· Indirectly from consumers (e.g., from observing consumers' actions on our Services) · From vehicles equipped with GPS tracking (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 · Data analytics |
· Disclosure/sale for business purposes to internet service providers and other service providers · Disclosure/sale for marketing purposes and analytical purposes to advertising companies and other third parties
|
|
Sensory data, such as: Audio information from voicemail messages and/or recorded phone calls (with consumers' consent) |
· Directly from consumers
|
· To communicate with you; some phone calls are recorded (with your consent) for training our staff and for quality assurance purposes |
N/A |
|
Professional or employment-related information, such as: Information regarding current occupation |
· Directly from consumers
|
· 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 |
· Directly from consumers
|
· 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 |
· Indirectly from consumers (e.g., from observing consumers' actions on our Services) · Third-party service providers, including advertising companies and analytics providers |
· To market our products and services to consumers · Data analytics |
N/A |
COOKIES AND OTHER DATA TECHNOLOGIES
We use, and third parties we allow use, various technologies to automatically collect information, such as cookies, local shared objects, and web beacons (generally referred to as "Data Technologies"). "Cookies" are small identifiers sent from a web server that are stored on your device for the purpose of keeping records of your visit to a website and identifying your browser or storing information or settings in your browser. "Local shared objects," sometimes known as Flash cookies, may be used to store your preferences or display content based upon what you have viewed on various websites to personalize your visit. A "web beacon," also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies. Anonymous advertising identifiers are increasingly being used on mobile devices and otherwise in a manner similar to cookies. When we refer to Data Technologies, we are including all current and similar future technologies. Some Data Technologies only last for the specific duration of your visit and are deleted when you close your browser. Some other Data Technologies remain on your device until you delete them or they expire.
One or more Data Technologies may be used on our website and other websites and mobile applications (that may not be our website) by us, by another party on our behalf, or by third parties in accordance with their privacy policies. Data Technologies may be used by us and others, on our behalf and on their own behalf, to transmit information to you or about you and connect information about you from different sources, websites, devices, and mobile applications.
Different Data Technologies are used to perform different functions, which are explained below:
· 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 ("Analytics Provider") to measure how you interact with our website and to improve your user experience. To learn more about Analytics Provider's privacy practices and opt-out mechanisms, please visit the Analytics Provider's Privacy Policy page at https://policies.google.com/privacy. Analytics Provider also provides instructions on opting-out of Analytics Provider's analytics at https://policies.google.com/privacy#infodelete.
· Targeted Advertising. We use cookies to compile information on our users interaction with our website. We use this information to serve ads to you off of our website.
You have a number of choices regarding certain Data Technologies. Most web browsers automatically accept cookies, but you can usually modify your browser's setting to decline cookies if you prefer. You may also be able to instruct your browser to notify you when receiving a new cookie. You may also render some web beacons unusable by rejecting their associated cookies and disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or opting out at the website of the technology provider. If you choose to decline cookies or similar technologies, however, please note that certain features may not function properly or at all as a result. You may be able to adjust the use of advertising identifiers on mobile devices through the settings on your device. Finally, if you do not want to use a uniquely generated telephone number, you may choose not to call us. The Network Advertising Initiative also offers a means to opt-out of a number of advertising cookies. Please visit www.networkadvertising.org to learn more. Note that opting-out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted-out will no longer deliver ads tailored to your preferences and usage patterns.
ASSIGNMENT
If we sell all or substantially all of our business or sell or transfer all or a material part of our assets, or are otherwise involved in a merger or transfer of all or a substantial part of our business, you grant us the right to transfer and assign all information we have collected and stored via the Services, including personal information, in the course of any such transaction, including to the party or parties involved in the transaction as part of that transaction.
COLLECTION AND USE OF INFORMATION FROM CHILDREN
Our Services are not intended for children. We do not sell or knowingly collect personal information from minors under 16 years of age, and none of our Services are designed to attract children. In the event that we learn that a person under the age of 16 has provided personal information to us, we will delete such personal information as soon as possible.
CERTAIN OPT-OUTS
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.
If you do not want us to use Location Information, you can decline our initial invitation to provide that information or opt out by changing the location services settings on your mobile device. However, please note that certain features may not function properly or at all as a result if you opt out.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 entitles California residents that are users of the Services 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 Dealership, 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 the "Do Not Sell My Personal Information" link in the footer of our website, when such link becomes available on January 1, 2020.
- Right to non-discrimination
You have the right to not be discriminated against for exercising any of these rights. If you would like to exercise one or more of the above rights, 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.
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.
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.
LINKS
Our website may contain links to websites not operated by us, as well as third party widgets and applications discussed above. Once you leave our website, we suggest that you review the applicable privacy policy of the third-party website or application and if you have any questions about how these other sites use your information, you should review their policies and contact them directly. We are not responsible for the privacy practices, content or use of any websites or applications other than on our website.
DATA SECURITY
We use commercially reasonable administrative, technical, personnel, and physical security measures designed to safeguard personal information about you in our possession against loss, theft and unauthorized use, disclosure or modification. Of course, despite these measures, we cannot guarantee perfect security of networks, servers and databases we operate or that are operated on our behalf, and no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, Dealership 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
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 and within 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 and within the U.S. and other jurisdictions as indicated above, in accordance with applicable law.
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 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.
CHANGES TO THIS PRIVACY POLICY
We reserve the right to change this Policy from time to time. If we make changes, we will 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
Click here https://www.empirenissan.com/notice-at-collection.htm to print a copy of our Notice at Collection of Personal Information.
Click here https://www.empirenissan.com/privacy.htm to print a copy of this Privacy Policy.
CONTACTING THE DEALERSHIP
If you have questions concerning this Policy or our privacy practices, you may contact us at: Address - Empire Nissan
1377 Kettering
Ontario, Ca 91761
Email - MarketingOptOut@oremor.net
Phone - 909-563-7734