Sierra Family of Dealerships
Effective Date: 01-01-20
Last Revised: 01-01-2020
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, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
Click here for our Notice of Collection of Personal Information, which lists the categories of personal information we collect from consumers and the purposes for collecting the information.
- 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.
USE OF INFORMATION COLLECTED
We use the information we collect about you for the following purposes:
- To provide our Services.
- To send you marketing communications.
- To respond to your requests and inquiries.
- To improve user experiences by making our website easier to use and navigate.
- For other legitimate business purposes
SHARING AND DISCLOSURE OF INFORMATION
We may share or disclose your information to the following categories of third parties and for the following reasons:
- To third-party service providers, agents, or independent contractors who help us maintain our Services and provide other administrative services to us.
- To manufacturers and financial institutions to assist in providing the services, for joint marketing and for their marketing and data collection purposes.
- To unaffiliated third parties whose products and/or services we believe might be of interest to you.
- We may share your personal information in the course of any reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets related to a given franchise.
- We may disclose your personal information to law enforcement, government agencies, and other third parties, in order to comply with the law, enforce our policies, assist in litigation, protect our or others’ rights, property, or safety or to assist in dispute resolution involving us or others.
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 16 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 the 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.
If you are a California resident, as of January 1, 2020, you have the following additional rights:
- RIGHT TO KNOW.
You have the right to request information about the categories of consumer 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. In response to a request for this information, we will not disclose the actual data, such as your address, your social security number, your driver’s license number, account numbers, loan balances or any similar non-public personal information.
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.
- RIGHT TO OPT OUT.
You have the right to opt-out of the sale of your personal information to third parties. After January 1, 2020, you can exercise this right (1) through the “Do Not Sell My Personal Information” link in the footer of our website www.sierraauto.com or delivering it in person to any sales manager at Sierra (1450 S. Shamrock Avenue through 735 E. Central Ave, Monrovia, CA 91016) or (3) by calling (800)–794-9565 and asking to opt out of our sale of your information. To implement such a request, we will need to verify your identity, as described below under “Verifying Your Identity.”
- 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, such as a record retention requirement, and to contact you if there is a safety related concern about your vehicle. From January 1, 2020, you can exercise this right through the “Delete My Personal Information” link in the footer of our website www.sierraauto.com or delivering it in person to any sales manager at Sierra (1450 S. Shamrock Avenue through 735 E. Central Ave, Monrovia, CA 91016) or by calling (800)–794-9565 and asking that we delete your deletion-eligible data from our system. To implement such a request, we will need to verify your identity, as described below under “Verifying Your Identity.” This process will entail obtaining the request to delete, verifying the requestor’s identity and then obtaining a final confirmation from the requestor of his or her desire that the deletion-eligible data be deleted. This three-step process is designed to ensure that we only delete deletion-eligible information that the subject of that information wants deleted.
- NOT TO BE DISCRIMINATED AGAINST FOR EXERCISING THESE RIGHTS.
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.
How the Process Should Work
When you submit a request to know, a “do not sell my personal information” request or a request to delete your information, we will confirm receipt of that request within 10 days and describe again the process for getting it done, including our verification process. We should complete the action requested by the request within 45 days, unless there is some issue we confront in doing so, in which case we will notify you of that issue and how long we anticipate it will take to resolve. In the course of this processing, we will let you know what categories of information will be affected.
Verifying Your Identity
We have a responsibility when implementing either an opt-out of selling your information request or a deletion request to verify that the person requesting such action is the person whose records will be affected. Generally, we will simply want to be assured that you are that person, which could be as simple as having you come to the store and showing your government-issued ID. If there is some reason for doubt, we may require more information. If we cannot verify your identity, we will not disclose or delete or restrict any of the person’s data.
- 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 or within 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 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.
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
Sierra Autocars Inc
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 WHICH MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE 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 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.
- 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.
- 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.
- HOW WE RESPOND TO DO-NOT-TRACK SIGNALS
At this time our website does not recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.
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.
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