Sierra Family of Dealerships
Effective Date: 01-01-20
Last Revised: 08-17-2020
PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW REQUIRES, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST SIERRA 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 OR CONSOLIDATED CAPACITY.
“Personal Information” is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
Click Click Here for our Notice at Collection of Personal Information, which lists the categories of personal information we collect from consumers and the purposes for collections the information.
Under the California Consumer Privacy Act, we must provide a disclosure of covered types of personal information we have collected from consumers over the last 12 months:
Notice of Collection of Personal Information
Below is a chart regarding the personal information we have collected about consumers during the last 12 months:
|Category of personal data||Disclosure/sale to third parties||Disclosure to Service Providers|
|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)
|Disclosure/sale to vehicle manufacturer if customer purchased or leased a new or certified vehicle if their vehicle was serviced at our dealership Disclosure to state or federal agencies, when required by law|
|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)||Disclosure/sale to vehicle manufacturer if customer purchased or leased a new or certified vehicle or if their vehicle was serviced at our dealership Disclosure to state or federal agencies, when required by law||Disclosure to Service Providers for administrative and operational assistance|
|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
Disclosure/sale to vehicle manufacturer if customer purchased or leased a new or certified vehicle or if their vehicle was serviced at our dealership Disclosure to manufacturer or lender for processing applicable rebate, or dealer incentive or subvened rate Disclosure to state or federal agencies, when required by law Disclosure to manufacturers and their vendors as part of early dispute resolution efforts or legal defense
|Commercial information, such as:|
Vehicle information, ownership information, vehicle transaction information relating to purchase or lease of vehicles (including finance or lease terms), purchase of parts, service repairs, maintenance or vehicle inspections
|Disclosure/sale to vehicle manufacturer and its vendors if customer purchased or leased a new or certified vehicle or if their vehicle was serviced at our dealership Disclosure to state or federal agencies, when required by law Disclosure to manufacturers and their vendors as part of early dispute resolution efforts or legal defense||Disclosure to Service Providers for administrative and operational assistance|
Consumers who finance/lease vehicles may be asked to complete a "Thumbprint form"
|To law enforcement in event of suspected identity theft||N/A|
|Internet or other similar network activity information, such as:|
IP address, browsing history, and search history
|To manufacturers for join marketing activities||Disclosure to Service Providers for administrative and operational assistance|
IP address and vehicle and phone location (using GPS, as permitted by law)
|N/A||Disclosure to Service Providers for administrative and operational assistance|
|Sensory data, such as: Audio information from voicemail messages and/or recorded phone calls (with appropriate disclosure) Video information during completion of transaction documentation in finance office (with consumers’ consent)||N/A||Disclosure to Service Providers for administrative and operational assistance|
|Professional or employment-related information, such as:|
Information regarding current and prior occupation
|Disclosure/sale to vehicle manufacturer if customer purchased or 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||N/A|
|Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)), such as:|
Information regarding whether a consumer is or will soon be a college graduate
To manufacturer if required for rebate or incentive program
Disclosure to Service Providers for administrative and operational assistance
|Inferences drawn from personal information to create a profile, such as: Information regarding consumers’ vehicle preferences and needs|
Disclosure to Service Providers for administrative and operational assistance
|Categories of Sources from which the personal information is collected|
- Directly from the consumers
- Indirectly from the consumers
- Third-parties, including advertising companies, analytics providers, vehicle manufacturer, and websites or companies that provide information regarding vehicles or provide listings of vehicles for sale / lease, that forward identifiers provided by consumers
- From vehicles equipped with GPS tracking (as permitted by law)
- From vehicles with telemetric tracking and capability communications
|Business or commercial purpose for collecting or selling personal information|
- To send informational and marketing communications, respond to requests and inquiries, and communicate with consumers regarding our products or services
- Enter into transactions with consumers, obtain authorization to collect payment from consumers, collect payment from consumers, confirm acknowledgement of receipt of service contract claims; provide product recall information, provide copies of certain required by law, and retain records of transactions as required by law
- Complete government forms
- To confirm consumers’ identity, confirm consumers are at least 18 years old, confirm consumers are licensed to drive our vehicles or take delivery of a vehicle they have purchased or leased from us, and confirm insurance coverage
- Confirm eligibility for a manufacturer / lender incentive and to apply for and process any applicable incentive, and confirm eligibility for employee price discounts, if applicable
- Appraise consumers’ vehicles, improve user experiences by making our website easier to use and navigate, and more personalized based on the profile we create about an individual consumer
- Vehicle tracking as permitted by law
- Vehicle usage history and service or maintenance scheduling and diagnosis
COOKIES AND THIRD PARTY ADVERTISING
- 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.
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 certain 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 from us until your unsubscribe is processed. We may not be able to control third parties with whom we have shared your information prior to your opt out, so you may continue to receive marketing communications from others who may have acquired some information about you from us. 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. We are 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, you may 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 certain 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 us, 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 www.sierraauto.com
- 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 and do not have actual knowledge of selling personal information of minors under 16 years of age.
If you would like to exercise one or more of the rights above, please contact us using the contact information provided below. You may designate an authorized agent to make a request on your behalf. Such authorized agent must be registered with the California Secretary of State. We may deny a request from an agent 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. SIERRA 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, Sierra 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 sent 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
Sierra is based in the U.S. If you choose to provide us with information from a country other than the United States, please understand that your personal information may be transferred to the U.S. and we may transfer your 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 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 or within the U.S. and other jurisdictions as indicated above, in accordance with applicable law.
DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE
Except where and to the extent prohibited by law, by using the Services, you and Sierra 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:
Sierra Autocars Inc
Attn: CCPA Program Manager
PO Box 60
Monrovia, CA 91017
You, at the address we have on file for you.
Both you and Sierra 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 BINDING ARBITRATION, ON AN INDIVIDUAL BASIS IN CALIFORNIA. 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 OR CONSOLIDATED 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 JAMS (https://www.jamsadr.com/losangeles) 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 Sierra, such as an arbitration agreement contained in a retail installment sale contract, lease agreement, or repair estimate (Other Arbitration Agreement), the terms of the Other Arbitration Agreement shall govern and prevail in each instance.
VENUE CHOICE OF LAW
This Policy has been made in and shall be construed in accordance with the laws of the State of California, without giving effect to any conflict of law principles. Any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
HOW WE RESPOND TO DO-NOT-TRACK SIGNALS
The “Do Not Track” (“DNT”) privacy preference is an option that may be available in some web browsers allowing you to opt-out of tracking by websites and online services. At this time, global standard DNT technology is not yet finalized and not all browsers support DNT. We therefore do not recognize DNT signals and do not respond to them.
We reserve the right to change this Policy from time to time. When we do, we will also revise the “Last Revised” 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.
NOTICE OF FINANCIAL PRIVACY NOTICE PURSUANT TO THE GRAMM-LEACH-BLILEY ACT (GLBA)
Click Click Here to print a copy of our GLBA notice.
NOTICE AT COLLECTION OF PERSONAL INFORMATION
Click Click Here 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:
CCPA Program Manager
Sierra Autocars Inc
PO Box 60
Monrovia, CA 91017