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Privacy Policy and User Consent Agreement for:

JB Earnhardt, INC dba EARNHARDT COMMERCIAL CENTER

Last Updated: 02/09/2021

Please read this privacy policy and user consent page before using this website. By using this website, you acknowledge and agree you have read and agree to the following privacy terms and website use, inclusive of acceptance of various forms of communication which may be essential to: provide information, respond to inquiries, schedule appointments, coordinate sales process functions such as test drives or price negotiations, verify interest or intent, sell a vehicle, service a vehicle or otherwise interact with this dealership or associated entities.

Thank you for visiting our website, including our mobile device-ready version. EARNHARDT MANAGEMENT COMPANY, INC. dba EARNHARDT COMMERCIAL CENTER and our affiliates or partners (together, "we") strive to make our website a useful tool and a rewarding experience for our customers by tailoring the content to your personal needs and interests. This way, the content of our website will be as relevant as possible for you, the customer. We hope that you find our website to be a useful part of your car-buying experience.

To accomplish this, we responsibly collect and utilize personally identifiable information. We respect your privacy, and this Privacy Policy documents our commitment to safeguard and treat your privacy and the personal information that we collect online with reasonable care and in strict compliance with applicable law for the protection of personally identifiable information.

In connection with your transaction, whether online or at our dealership, we may acquire information about you as described in this policy, which we handle as stated in this policy. We may collect personally identifiable information such as name, postal address, telephone number, email address, social security number, date of birth, etc. While we make reasonable efforts to secure all data submitted via this website, we cannot guarantee security of personal information, and all information submitted via this website is at your own risk.

This policy applies to information collected on this website and those of our affiliates (together, "our website" or "the website") and covers the following areas:
⦁    What personally identifiable information is collected by our dealership or by any third party through our website;
⦁    How we use this information;
⦁    With whom we may share this information;
⦁    What choices are available to you as a user of our website with respect to collection, use and distribution of the information;
⦁    What types of security procedures are in place to protect the loss, misuse or alteration of information under our control given reasonable or customary measures

This Privacy Policy applies to our website and information collected for us (or by us) through our website, lead channels, forms, emails and through various features and online offerings on our website(s) and/or physical dealership location(s). It does not apply to any third party site or service linked to our website or recommended or referred by our website or by our staff. 

EARNHARDT MANAGEMENT COMPANY, INC. dba EARNHARDT COMMERCIAL CENTER and our affiliates or partners only shares your information with our affiliates or business

partners, and such disclosure is made only in connection with our regular business practices. We are a dealer/seller and servicer of automobiles, parts, accessories, financing, extended service contracts and other automotive related product or services as may be presented in our physical location(s) and our website(s). EARNHARDT MANAGEMENT COMPANY, INC. dba EARNHARDT COMMERCIAL CENTER and our affiliates or partners does not sell, rent, or disclose email addresses to any other organizations.

1. Information Collection and Use

We collect two different types of information through our website: anonymous information and personally identifiable information (“Pii”) or which may also be referred to as “non- public information” or “NPI”.

Anonymous Information:

Our website(s) and connected systems collect and store anonymous, aggregated information (such as internet protocol (IP) addresses, browser types, search engines, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks) from all visitors to our website. You (the customer) may search our website for various vehicle models, prices or other information provided through our website without ever submitting your name, email address or any other personally identifiable information. The anonymous information that we do collect from your visit is never linked to any of your personally identifiable information until you voluntarily submit that personal information, in which case some otherwise anonymous information may be connected to your website activity and personal account. Otherwise, the anonymous information is only used in the aggregate to analyze trends, administer the website, diagnose any problems, track a visitor's movement in the aggregate, and gather broad demographic information for aggregate use. We may provide this anonymous information in aggregate form to other parties or use it for our own insight or marketing purposes. Our ability to use this information is not restricted in any way.

We may also use "cookies" and "image tags" or other contemporary technologies to collect certain usage information from all customers and visitors to our website. A "cookie" is a small text file that a website can place on your computer’s hard drive or on your mobile device’s memory in order to collect information about your activities on our website. An "image tag," also known as a clear GIF or web beacon, works together with cookies and is a small image file that may be located in various areas of our website. Most browsers automatically accept cookies, but you have the option to change your browser setting to decline them.

Accepting cookies in no way provides access to your computer or any personal information about you, since cookies are not used to identify anonymous website visitors. Our cookies enable you to proceed smoothly through our website and know whether you’ve used it before, so as to eliminate some steps that apply to new visitors. Cookies also give us usage data like how often you visit, where you go on our website, and what you do while here.

Similarly, a cookie (or other contemporary tracking technology as may be reasonable and customary at the time of use) may be placed by our third-party advertising companies or marketing agencies. These companies may use aggregated statistics about your use of our website and third party media in order to provide you with advertisements about goods and services that you may be interested in. The information they collect does not include your personal information.

The third-party advertising companies may also employ technology that is used to measure the effectiveness of ads. Any such information is anonymous. They may use this anonymous information about your visits to this and other sites in order to provide advertisements about goods and services of potential interest to you. No personal information about you is collected during this process. The information is anonymous and does not link online actions to an identifiable person; rather just the browsing and website use/behaviors of a particular device or device ID.

We also conduct marketing activities with third-party advertising companies such as Google to collect information about how users navigate our website(s) and we use many or all of their products to enhance both our marketing efforts and our website experience(s). Like our dealership and affiliated entities, Google is very much committed to consumer protection, to maintaining the privacy of your personal information and to making advertisements safe, unobtrusive and relevant for you.

Google uses this information only to generate anonymous visitor profiles, which do not contain personally identifiable information. These anonymous profiles are used to provide you content specifically tailored to you. To learn more about how Google collects and manages information, or to opt out of Google’s collection of information about how you navigate our website, please go to https://www.google.com/policies/privacy/.

Google’s technologies and products, including AdSense, AdWords, Google Analytics, and a range of “DoubleClick”-branded services, also using cookies and/or other tracking technologies. When you visit a page that uses one of these products, various cookies or other behavior or browsing history related markers may be sent to your browser.

Among the Google products we also use is, “Google Analytics”: a web analytics service provided by Google. Information generated by cookies or other anonymous tracking technology about your use of our website (including your shortened IP address) is transmitted to a Google server in the U.S. and stored there as well as within the servers of our selected website providers. Google and our Website Providers use this information to evaluate your use of our website, compile reports on website activity for our website operators and to provide other services related with the website and internet use. Google may also transfer this information to third parties if required by law, or where third parties process these data on behalf of Google. For more information about Google Analytics and how it collects and processes data, please go to "How Google uses data when you use our partners' sites or apps", located at http://www.google.com/policies/privacy/partners/. To opt out of Google Analytics, you must do so with Google. Please go to https://tools.google.com/dlpage/gaoptout.

To help us manage our advertising and website, Google offers many products in addition to Google Analytics, including Google’s Analytics for Display Advertisers, AdSense, AdWords, and a range of DoubleClick-branded services. Our dealership and affiliated entities participate in an integrated version of Google Analytics and DoubleClick products or services and/or other Google display ad products or services, known as Google Analytics for Display Advertisers. As with Google Analytics, you can learn more about Google Analytics for Display Advertisers, or you can opt out, by going to https://tools.google.com/dlpage/gaoptout.  We may also – at our discretion – contract with 3rd party firms or agencies that may assist us with our Google and/or data-oriented marketing efforts.

We have or may enable interest-based advertising features, including remarketing, with Google Analytics or other reputable marketing firms/agencies in connection with other digital marketing services which may or may not include services from Google. This kind of advertising based on consumer interests and your precise geographic location may, in addition to remarketing, include Google’s Adword product features known as: interest categories, similar audiences, other types of interest-based advertising and demographic and location targeting. DoubleClick advertising cookies or mobile advertising identifiers, associated with your use of our website, are or may be employed by us in all aspects of remarketing in online advertising.

"Remarketing" is simply a feature of interest-based advertising that lets us reach people who have previously visited our website. Remarketing helps our dealership match interested people, like you, with a relevant message or product on our website or even when you search on Google using our keywords, use Google products like Gmail, or visit other websites. We gather information through cookies for remarketing, and similar audiences feature in AdWords, simply to make your visits relevant and allow us both to pick up where we left off on your last visit.

Our partners, including Google, use cookies to serve ads based on your past visits to our website and to show our ads on sites across the Internet. You can opt out of Google's use of cookies by visiting Google's Ads Settings. Alternatively, we may use Google DoubleClick's remarketing pixels to participate in remarketing and create a remarketing list of potential customers (this involves adding a remarketing tag, a small snippet of code that we get from Google’s Ad Exchange, across all our website pages). In such case, instead of the previous link, you can opt out of DoubleClick's use of cookies by visiting the DoubleClick opt-out page or the Network Advertising Initiative opt-out page. 

With respect to unrelated, third party web sites, such as third party online retailers, advertisers, or unrelated sites that we may happen to link to, or web sites that link to our website, those third parties may collect personal information directly from you. The information policies and practices of these unrelated parties are not covered by this privacy policy. We do not control the privacy policies of third parties even if we may provide hyperlinks or other access to their web sites. We are not responsible or liable for their independent policies and practices. Please review their privacy policies and practices. It is your responsibility to review them and decide if you are satisfied with their protections.

Some browsers have a "do not track" feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are not currently set up to respond to those signals.

Personally Identifiable Information:

Second, we require the submission of certain personally identifiable information when you use some services available on our website. For example, the potential use of your user name and password allows us to identify you as our customer who is seeking information in connection with our services. Our website uses a variety of contact forms and tracking phone numbers for visitors to request information, products, and services. We collect a visitor's contact information (like his or her email address or phone number) and in some cases, demographic information (like his or her zip code). In limited circumstances, such as when a visitor fills out an online credit application, we collect unique identifiers (like a social security number), and/or financial information (like age, income level, bank account or credit card numbers). We use this information to get in touch with our prospective customers about their requests, and to send them additional information about our products and services.

Note that once you have created an order or otherwise voluntarily provided personally identifiable information to us, we may use cookies or other acceptable technologies to help identify you. Personally identifiable information received from you (such as IP address, phone number, email address, zip code, etc.) may be contained in or linked to a cookie. The only time that we receive such personally identifiable information is when you volunteer it by submitting it to us.

Additionally, by providing your contact information to ANY form contained in – or connected to – this website, you are hereby agreeing to receive text messages from SAN TAN HYUNDAI and our affiliates or partners at the number(s) and/or information which you have provided.  You are also expressly consenting to recurring contact from the aforementioned company or its business partners at the number you provided regarding products or services via live, automated or prerecorded telephone call, text message or email.  You understand that your telephone provider may impose charges on you for these contacts, and you are not required to enter into this agreement/consent as a condition of purchasing property, goods, or services.  You also understand that you may revoke this consent at any time by notifying the dealership or Earnhardt Auto Centers using the contact information contained herein.

We may use cookies in conjunction with personally identifiable information so that our website can remember you or your requests, thereby enhancing your online visit with us, and providing you with the information you're most likely to need. For instance, cookies (or other tracking technologies) allow our website to remind you of your past vehicle search interests and website activity and to suggest similar products and services. In some cases, cookies may improve your shopping experience and we use information gained through cookies to track your website activity and to deliver you content specific information

Any financial information we collect is used to check the qualifications of our prospective customers and bill for products and services ordered. If you apply for financing or wish to purchase or lease a car through our online system, we may collect personal information such as your name, address, driver's license number and state, social security number and other credit information. This information goes into a secure database and is used solely to provide the service you requested. The collection, use and storage of your financial information for credit checks, for arranging credit and loans or for purchasing products and services may be subject to additional privacy policies and if so, you will be notified of them at the time of any such collection, use or storage of your financial information as required by law.

Our online surveys may ask visitors for contact information (like an email address or phone number) which they may voluntarily provide. We also may run contests on our website in which we ask visitors for similar contact information in order to participate. We use contact information from our surveys and contests to send information about products and services to these participating visitors. By providing your contact information to ANY form contained in – or connected to – this website, you are hereby agreeing to receive text messages from SAN TAN HYUNDAI and our affiliates or partners at the number(s) and/or information which you have provided.  You are also expressly consenting to recurring contact from the aforementioned company or its business partners at the number you provided regarding products or services via live, automated or prerecorded telephone call, text message or email.  You understand that your telephone provider may impose charges on you for these contacts, and you are not required to enter into this agreement/consent as a condition of purchasing property, goods, or services.  You also understand that you may revoke this consent at any time by notifying the dealership or Earnhardt Auto Centers using the contact information contained herein

EARNHARDT MANAGEMENT COMPANY, INC. dba EARNHARDT COMMERCIAL CENTER and our affiliates or partners only shares your information with our affiliates or business partners, and such disclosure is made only in connection with our regular business practices. We are a dealer/seller and servicer of automobiles, parts, accessories, financing, extended service contracts and other automotive related product or services as may be presented in our physical location(s) and our website(s). EARNHARDT MANAGEMENT COMPANY, INC. dba EARNHARDT COMMERCIAL CENTER and our affiliates or partners does not sell, rent, or disclose email addresses to any other organizations.

2. Our Use Restrictions on Your Personally Identifiable Information

We do not sell, rent, or share personally identifiable information to or with any third party not affiliated with or owned by EARNHARDT MANAGEMENT COMPANY, INC. dba EARNHARDT COMMERCIAL CENTER and our affiliates or partners, except service providers who may assist us in such areas as our promotions, credit checks, data storage and order processing (See Agents and Vendors below). We will never give or sell your personally identifiable information to unaffiliated third parties to be used for the purposes of sending you unsolicited commercial offers, such as spam. We may, however, use your personal information to send you commercial offers in e-mails from EARNHARDT MANAGEMENT COMPANY, INC. dba EARNHARDT COMMERCIAL CENTER and our affiliates or partners or their affiliated companies, which do not relate to the products or services you have ordered. You may altogether avoid or opt out of these marketing campaigns (see "Opting Out" below).

We may also need to contact you for purposes other than marketing, for example to provide notice about the status of our website or the specific services you have requested. We also use this information to the extent necessary to enforce our website terms of service and to prevent imminent harm to persons or property. You may not opt-out of these kinds of communications. Consistent with our change policy (see "Your Consent and Notification of Changes" below), we will post any updates or notices about material changes in our policies on collection and use of your personally identifiable information to this Privacy Policy page.

3. THIRD PARTY INFORMATION ABOUT YOU

Our website supplements the information that you provide with information that we obtain about you from third parties, such as credit bureaus and other sources. To the best of our knowledge, we only deal with reputable providers who gather and maintain information in accordance with all applicable state and federal laws. Any such information will be maintained by us in accordance with the standards set forth in this Privacy Policy along with other personal information you've provided.

4. OUR AGENTS AND VENDORS

We may use other companies and/or individuals to perform any functions described in this Privacy Policy, on our behalf. Examples include marketing firms or agencies, online vehicle selection and transacting (also known as “Digital Retailing” or “No Bull Express” or “Earnhardt VIP Express”), credit checking, data and network hosting, service reminders, service schedulers, verification of sales, order processing and fulfillment, administering contact information and e-mail services and running special promotions. Such parties only have access to the personal information needed to perform these functions and may not use or store the information for any other purpose. We obtain commitments from these agents and vendors working on our behalf to refrain from using any information provided by EARNHARDT MANAGEMENT COMPANY, INC. dba EARNHARDT COMMERCIAL CENTER and our affiliates or partners, to send you unsolicited e-mail messages, SMS communications or phone calls from third parties or similar communications and from sharing your information with unrelated parties.

5. Disclosure of Personal Information As Required By Law or Otherwise

We will disclose personal information when required by law, or if we have a good-faith belief that such action is necessary to (a) comply with a current judicial proceeding, a court order or legal process served on us or to comply with the request of a law enforcement agency, (b) protect and defend our rights, or (c) protect the rights, property, and other interests of our users or others.

6. LINKS

Our website may contain links to websites not operated by us, as well as third party widgets and applications. Once you leave our website, we suggest that you review the applicable privacy policy of the third party website or application. WE ARE NOT RESPONSIBLE for the privacy practices or content of these other sites. We encourage you to be aware when you leave our website and to read the privacy statements of each and every site that collects personally identifiable information from you. Our Privacy Policy applies solely to information collected by our websites and physical locations.

7. SECURITY

We take commercially reasonable precautions to protect your personally identifiable information. For example, we encrypt communications through our website with commercial strength encryption generally used by ours and like industries. However, given the nature of the Internet and the fact that network security measures are not perfect, we cannot guarantee the absolute security of your information.  Our website resides behind a firewall and uses SSL (Secure Sockets Layer, the industry-standard security protocol used to communicate with browsers) to transmit personal information. Data is strongly encrypted during transmission to ensure that personal and payment information is secure. Industry-standard data encryption techniques are used to protect personal information on our servers. SSL-capable browsers typically have a symbol on the browser window to indicate when they are in a secure mode. In addition, the URL will begin with "https:" for all browsers

If we are required to provide notice to you of a data security breach, the notice will be provided in electronic form.

8. YOUR CONSENT AND NOTIFICATION OF CHANGES

By using any of our website or submitting information to us online, you agree that we may collect and use this information as stated in this Privacy Policy at the time we collect the information. If we decide to change our Privacy Policy in any material way, for a reasonable time we will post a concurrent notice to this Privacy Policy page on our website to alert you about the change in our privacy and information collection practices. In addition, if we make any material changes in our privacy practices that affect your personally identifiable information already stored in our database, we apply those changes to the personally identifiable information in our possession only as permitted by applicable law.

Furthermore, by providing your contact information to ANY form contained in – or connected to – this website, you are hereby agreeing to receive text messages from SAN TAN HYUNDAI and our affiliates or partners at the number(s) and/or information which you have provided.  You are also expressly consenting to recurring contact from the aforementioned company or its business partners at the number you provided regarding products or services via live, automated or prerecorded telephone call, text message or email.  You understand that your telephone provider may impose charges on you for these contacts, and you are not required to enter into this agreement/consent as a condition of purchasing property, goods, or services.  You also understand that you may revoke this consent at any time by notifying the dealership or Earnhardt Auto Centers using the contact information contained herein.

9. Opting Out

Visitors and customers have the opportunity to opt-out of receiving specific types of communications from us and our partners, such as e-mail, by not providing personally identifiable information at the point where our website requests such information about you. 

In addition, you may unsubscribe or opt out of all future e-mails from us, that do not relate to the products and services you have ordered, by clicking the unsubscribe link on any email marketing communication you receive, by replying STOP to any SMS communication from us or by sending a letter via certified USPS mail to:

OPT OUT NOTICE c/o Earnhardt Marketing & Legal Teams
7300 W. Orchid Lane, Chandler, AZ, 85226.
In such notice, please provide your full name, address, phone number and email address for which you are requesting to be placed in “Opt-Out” status. Such status will be valid until you choose to engage or transact again. 


10. Further Information about Our Privacy Policy, User Consent and Practices
This Privacy Policy applies to all visitors and customers of our website. We may delete any or all of your information at any time without notice to you for any reason or no reason unless otherwise required by law to 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. This Privacy Policy replaces any previous policy on this topic and any statements or disclosures to you about our information practices.
This dealership and the manufacturer of the new automobiles or products we carry, are non-affiliated 3rd parties. This privacy statement applies only to this website and not the manufacturer’s corporate website.
The Manufacturer (“OEM”) may include a their own Corporate privacy statement on forms hosted on a dealer's web site for the purpose of a consumer's communication with the Corporate OEM or with other non-dealership persons or entities. We must comply with such privacy statements, only to the degree we collect or store the data received via OEM’s Corporate form(s). We may have links to 3rd party websites, not controlled by us, which are governed by the individual privacy statements contained in those third party web sites. We recommends that you check the specific privacy statements of any website before providing personally identifiable information.

WEBSITE PRICING & MERCHANDISING DISCLAIMER:

It should be understood that any advertised payments or prices are advertised on a pre-tax/pre-fee basis. All Payment or Prices are “plus tax, title, license and $589 doc fee, less all available [and applicable] factory rebates (or other incentives).” Financing is on approved credit (”OAC”). Buyers must qualify for some offers. Some offers may not be available with special financing, lease and some other offers. We reserve the right to make corrections on omissions or typographical errors. Vehicle information is based on standard equipment; added equipment may increase the price. While we make every effort to ensure the data listed here is correct, there may be instances where some of the factory rebates, rates, incentives, options or vehicle features may be listed incorrectly as we receive data from multiple data sources. PLEASE MAKE SURE to confirm the details of your desired vehicle (such as what factory discount programs – if any - you may or may not qualify for) with the dealer to ensure its accuracy. Dealer cannot be held liable for data that may be listed incorrectly. View our Privacy and User Consent Agreement regarding use of this website and connected systems.

INFORMATION WE MAY COLLECT ONLINE OR IN OUR DEALERSHIP(S) AND THE PURPOSE OF GATHERING SUCH INFORMATION:

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See our PRIVACY NOTICE and USER CONSENT page. EARNHARDT MANAGEMENT COMPANY, INC. dba EARNHARDT COMMERCIAL CENTER.