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DEALERMALL PRIVACY POLICY

Effective: January 1, 2021

DealerMall, LLC (“DealerMall,” “we,” or “us”) provides an automotive digital platform and website, allowing automobile dealers and vehicle selling consumers to list, manage, and market their vehicle inventory, and facilitating vehicle research, reviews, comparison shopping, cost transparency, pricing data insights, vehicle history reports, inspections, reconditioning, trade-ins, and financing and insurance (“F&I”) transactions. By accessing or using the DealerMall website, services, or any application (including mobile apps) provided by DealerMall (collectively, the “DealerMall Services” or “Services”), Consumer and Dealer Users, including all dealership owners, employees, contractors, agents, and others who access or use the Services (“User” and “you”) agree to be bound by the following Privacy Policy. This Privacy Policy affects the legal rights and obligations of all visitors, Users, user agents, and others who access or use the Services. If you do not agree to be bound by this Policy, do not access or use any DealerMall Services. For Dealers who have executed a separate written Dealer Services Agreement, the terms and conditions of that Agreement will govern their relationship with DealerMall, and in the event of any conflict between the terms of such Service Agreement and this Privacy Policy, the terms of the Service Agreement will control.

This DealerMall Privacy Policy explains how we collect, protect, share, and use information related to our Services, and your options concerning the collection and use of your information. By using DealerMall Services, you understand and agree that we are providing a platform for you to post and publicly share content to the Services, including vehicle inventory, vehicle identification numbers (“VIN”), year, make, model, trim, color, options, mileage, condition, vehicle history and inspection reports, vehicle asking price, vehicle photos, seller and vehicle location, purchaser location, F&I data, and other materials (“User Content” or “Vehicle Listing Content”). Other Users may see, search, use, or share User Content that you make publicly available through the Services, consistent with the terms and conditions of this Privacy Policy and our Terms of Use (which can be found at: termsofuse@dealermall.com). Our Privacy Policy applies to all visitors, users, car-buying and selling consumers, dealers, and others who access the Services (“Users”).

1.      Information Collected by DealerMall.

User Entered Data. DealerMall allows Users to input User Content concerning vehicles that the User wants to advertise, buy, sell, lease, or trade-in, including vehicle VIN, year, make, model, trim, color, options, mileage, condition, vehicle history and inspection reports, vehicle asking price, vehicle photos, seller and vehicle location, purchaser location, F&I data, and related information (“Vehicle Listing”). DealerMall uses mobile location services to determine the location of vehicles offered for sale, and the location of buyers and sellers. Such location services are required for vehicles to be posted to online advertising channels, including the DealerMall platform. If a User does not consent to our use of location services, such User must manually input their zip code in their account profile. To connect vehicle buyers and sellers, DealerMall allows advertising and selling Users to provide contact information including their name, zip code, telephone number, and email contact information, along with preferred methods of contact (“Seller Contact Information”). DealerMall allows Users to search for and locate vehicles to purchase and provides them an option to describe vehicles they would be interested in purchasing (their “Vehicle of Interest”). DealerMall allows Users to manage preferences for receiving notification of events within our Services, such as received purchase, sale, lease, or trade-in offers. DealerMall further allows User to opt into receiving text messages related to their purchase or sale, or other vehicle transactions.

Personal Information. In providing DealerMall Services, we collect: (a) your name, username, password, and email address when you register for a DealerMall account; (b) the profile information you provide for your user profile (first and last name, picture, address and zip code, phone numbers, email addresses, and text message opt-in); (c) the above-described User Content, Vehicle Listing, Seller Contact Information, and other information that you post to the Services; (d) communications between you and DealerMall, including service-related emails, account verification, changes or updates to the Services, and technical and security notices; (e) your mobile location information; and (f) if using a chat box, such additional personal information as you voluntarily disclose to us.

Financial Information. In limited circumstances, such as when a User fills out an online credit application, DealerMall collects unique personal identifiers (such as social security numbers), and demographical or financial information (such as age, income level, bank account, or credit card numbers).  DealerMall uses this information to communicate with prospective customers about their applications and requests, and to send them additional information about our products and services.  In addition, we may use your information to reconnect with you after our initial communication to provide you with notices or information about any new products and services we have to offer.  The financial information we collect is used to check the qualifications of prospective customers and bill for products and services ordered.  If you apply for F&I products, or wish to purchase or lease a car through our online system, we may collect additional 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 other 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.

Dealer Information. In providing DealerMall Dealer Services, we collect: (a) Dealers’ names, addresses, contact persons, and account information; (b) information concerning Dealers’ offers to purchase vehicles listed for sale by Consumer Users of the DealerMall Services; (c) communications between Dealers and DealerMall, including service-related emails, account verification, changes or updates to the Dealer Services; and (d) dealership size, type, manufacturer franchise or affiliation, licensing status, and other enterprise demographic information. By participating in the DealerMall Dealer Services, you agree to receive communications from us in connection with your participation in the Dealer Services and to allow us to communicate your contact information with Consumers to whom you make offers to purchase, sell, or lease vehicles.

Analytic Information. DealerMall uses third-party analytics tools to measure traffic volume and usage trends for the DealerMall Services. These tools collect information sent by your device or our Services, including web pages you visit and other information that assist us in providing and improving the Services. We collect, aggregate, and use this analytic information with analytic information from other Users so that it cannot reasonably be used to identify any particular User.

Cookies and Similar Technologies. DealerMall collects device information to help us track bugs and ensure the security of our Users, including device model, platform, universally unique identifier (“UUID”), version, manufacturer, and serial number. We also log Internet Protocol (“IP”) addresses. When you visit the Services, DealerMall may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use the Services. We may ask third-party advertisers or other partners to deliver ads or services to your devices, which may use cookies or similar technologies placed by us or the third party. DealerMall may store encrypted cookies on your device with the session ID associated with the login.

Log File Information. Log file information is automatically reported by your browser each time you make a request to access a web page or app, and such information can be provided when the content of the web page or app is downloaded to your browser or device. When you use DealerMall Services, our servers automatically record certain log file information, including your web request, IP address, browser type, referring and exit pages, URLs, number of clicks, how you interact with links on the Services, domain names, landing pages, pages viewed, and other similar information. We may also collect similar information from emails sent to other Users which help us track which emails are opened and which links are clicked by recipients. This information provides for more accurate reporting in and improvements to the Services.

Device Identifiers. When you use a mobile device to access DealerMall Services, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device which uniquely identify your device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by DealerMall. A device identifier may deliver information to us or to a third-party partner about how you browse and use the Services and may help us or others provide reports, personalized content, and advertising material. Some features of DealerMall Services may not function properly if the use or availability of device identifiers is impaired or disabled.

Metadata. Metadata is technical data that is associated with User Content. For example, metadata can describe how, when, and by whom a piece of User Content was collected and how that content is formatted. Users can add or may have metadata added to their User Content including a hashtag to mark keywords when you post a vehicle photo, geotag to mark your location to a photo, or other data. If you geotag your DealerMall photos and make them public, your latitude and longitude will be stored with the photo and searchable through a location or map feature.

2.      How DealerMall Uses Your Information.

Vehicle Listing and Seller Contact Information. Vehicle Listings and Seller Contact Information (described above) may be posted to third-party advertising channels and dealership websites to advertise vehicles for purchase and sale. When a vehicle is posted in the DealerMall Services, Vehicle of Interest data are shared with auto dealers participating in the Services. Mobile Services may be used to collect vehicle location and photographic information required for vehicle advertising, such as zip code, scanned VIN barcodes, and vehicle images. If you enable the “Receive Text Offers” function, you authorize DealerMall and other parties to send text messages to your cellphone or other device to facilitate the purchase or sale of your vehicle, or your purchase of a Vehicle of Interest. DealerMall may also use the Seller Contact Information to contact you concerning service updates and promotions, or to send you commercial offers from DealerMall or its affiliated companies.  You may opt out of these marketing campaigns by sending an email to admin@dealermall.com or by calling us at 844-492-0555.

Third-Party Support Services. DealerMall may use third-party companies and individuals to perform certain functions on our behalf, including without limitation administering contact information and email services, advertising and marketing, credit checking, data and network hosting, order processing and fulfillment, service reminders, special promotions, and verification of sales and other transaction. Such third 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 (i) to employ appropriate data security programs and measures to protect your personal information, and (ii) to refrain from using any information provided by DealerMall to send you unsolicited e-mail messages from third parties or similar communications and from sharing your information with unrelated parties.

Third-Party Advertising Sites. As a convenience to Users, and to maximize the market for advertising, purchasing, selling, and leasing vehicles, DealerMall may recommend and select appropriate third-party advertising channels and websites. The User is responsible for manually de-selecting any channels or sites to which the User does not wish to submit their data. Where required by the selected advertising channels, Seller Contact Information may be shared together with the Vehicle Listing data. All data and information provided to third-party advertising sites will be subject to the terms of use and privacy policies of such third-party sites. DealerMall will not be responsible for third-party terms of use or privacy policies, and the User will be responsible for reading and accepting such terms and policies.

DealerMall Platform. When Consumer Users post Vehicle Listing data to the DealerMall Services, the Vehicle Listing, Vehicle of Interest data, and related information will be transmitted to our affiliated auto dealers to enable them to identify listings they are interested in and make purchase offers. DealerMall will withhold the Seller Contact Information until the User chooses to accept an offer from a specific dealer (“Accepted Dealer”), at which time the User will be alerted that their contact information is being shared with the Accepted Dealer. DealerMall will also provide the Accepted Dealer’s contact information to the User.

DealerMall Analytics and Marketing. Within the DealerMall Services, we may use your information to provide analytic metrics concerning automotive markets, operation of the Services, traffic volume, number and types of vehicles listed and sold, geographic distribution of vehicle listings and sales, consumer behavior and preference trends, and similar business purposes. This information may be also used for internal operational purposes and external marketing, but such use will not include personally identifiable information.

Administration. In addition to the specific uses of information described above, DealerMall may use the information we receive to: (a) help you efficiently access your information after you sign in and otherwise use the DealerMall Services; (b) remember information so you will not have to re-enter it during your visit or the next time you visit the Services; (c) provide personalized content and information to you and others, which may include online ads or other forms of marketing; (d) provide, monitor, and improve the effectiveness of our Services, and develop new products and features; (e) monitor operational metrics such as the total number of visitors, traffic volume, and demographic patterns; and (f) diagnose or fix technology problems, and automatically update the Services.

3.      Sharing Your Information

Third Parties. DealerMall may share User Content, Vehicle Listing, Seller Contact Information, and your other personal information (including information from cookies, log files, device identifiers, location data, and usage data) with third parties to provide and improve the Services to the User, including using contractors or third-party partners to perform core application functions. DealerMall may share your information with third-party advertising partners to allow them to deliver targeted advertisements to you. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information. We will not sell your information to third parties outside DealerMall or its affiliated companies without your consent, except as provided in this Privacy Policy.

User Content Shared by You. User Content, Vehicle Listing data, Seller Contact Information, and other information that you voluntarily disclose for posting to DealerMall Services may become available to the public, subject to specific privacy settings that you select in your profile. Once you have shared User Content or other information or made it public, that User Content and information may be searchable and re-shared by others. If you remove information that you posted to the DealerMall Services, copies may remain viewable in cached and archived pages of the Services, or other Users or third parties may have copied or saved that information.

Change of Control. In the event that DealerMall sells or transfers its assets to another party (such as in a merger, acquisition, bankruptcy, dissolution, or liquidation), the User Content, Vehicle Listing, Seller Contact Information, and other information collected through DealerMall Services may be among the assets sold or transferred; provided that you will continue to own your User Content and personal information and the sale or transfer will be subject to this Privacy Policy.

Legal Requests. DealerMall may share your personal information in response to a legal request (such as a search warrant, subpoena, or court order) if we have a good faith belief that the law requires us to do so, within or without the United States. We may also share personal information when we have a good faith belief that it is necessary to: (a) detect, prevent, and remedy any fraudulent or other illegal activity; (b) protect DealerMall, our affiliated companies, you, and others from harm. User Content and other information we receive about you may be accessed and retained for an extended period of time when it is the subject of a legal request, governmental investigation, investigation concerning possible violations of our terms or policies, or otherwise to prevent harm.

4.      How We Store and Protect Your Information.

The User Content, Vehicle Listing, Seller Contact Information, and other information collected through DealerMall Services may be stored and processed in the United States or any other country in which DealerMall or its affiliated service providers maintain storage or processing facilities. DealerMall or its service providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. By registering for and using the Services, you consent to the transfer of information to the U.S. or to any other country in which DealerMall or its service providers maintain storage or processing facilities, and the use and disclosure of information as described in this Privacy Policy.

Security. To help ensure account security, DealerMall encrypts passwords with a one-way encryption and provides Users with an option to use two-factor authentication on their accounts. DealerMall complies with applicable Payment Card Industry Data Security Standards (PCI-DSS) and Payment Application Data Security Standards (PA-DSS). DealerMall uses encrypted connections through a transport layer security (TLS) protocol to secure connections between you and the Services. DealerMall uses commercially reasonable safeguards to help secure information collected through the Services and we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, DealerMall cannot ensure the security of information you transmit to DealerMall Services or guarantee that information on the Services may not be accessed, disclosed, altered, or destroyed. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and DealerMall. We are not responsible for the functionality, privacy, or security measures of any other person or organization.

5.      Removing Content from DealerMall Services.

Users can review, change, and deactivate Vehicle Listing data, Seller Contact Information, and any personally identifiable information from the DealerMall Services. When you deactivate a Vehicle Listing, the listing information will be removed from online advertising websites that have your active Vehicle Listing, subject to such site’s normal update cycle. For some classified sites, Vehicle Listing postings may not be removable, in which case they will expire or become obsolete based on such site’s rules. If a User wishes to deactivate their DealerMall account, such User may request deactivation of their account by sending a request to: admin@dealermall.com or by calling us at 844-492-0555. Following termination or deactivation of your account, DealerMall or its service providers may retain your User Content and information for a commercially reasonable time for backup, archival, and/or audit purposes.

6.      Account Information and Profile/Privacy Settings.

You may review and update your DealerMall account at any time by logging in and changing your profile settings. You may unsubscribe from DealerMall email communications by clicking on the “unsubscribe link” provided in such communications. As indicated above, you may not opt out of service-related communications (such as account verification, purchase and billing confirmations and reminders, changes or updates to features of the Services, and technical and security notices).

7.      Other Websites.

As indicated above, DealerMall is not responsible for the policies and practices employed by third-party websites or services linked to or from our Services. Please note that when you use a link to go from our Services to another website or service, our Privacy Policy does not apply to those third-party websites or services. Information concerning your browsing and interaction on third-party websites or services, including those having a link in DealerMall Services are subject to such third-party's own policies. In addition, DealerMall is not responsible for third-parties that you authorize to access your User Content and other information.

8.      Notice to California Residents.

If you are a California resident, please note that California Civil Code Section 1798.83 permits you to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to:

DealerMall Autos, LLC.

Attn: California Privacy Rights

30101 Town Center Drive #207

Laguna Niguel, CA  92677

9.      Notice to Non-U.S. Residents.

The DealerMall Services are intended for use solely in the United States by U.S. residents. DealerMall makes no claims that its website or Services are appropriate for use outside of the U.S. We do not knowingly collect or solicit personal information from non-U.S. residents. Information gathered through the Services will be transferred, used, and stored on servers stored in the United States.  If you access or use the DealerMall website or Services, you agree to the transfer, use, and storage of your personal information (described above) in the U.S. If you believe that we may have any information from or about a non-U.S. resident, please notify us by email at: admin@dealermall.com or call us at 844-492-0555. 

10.      Children.

DealerMall does not knowingly collect or use any personal information from children under the age of 13 and DealerMall does not knowingly provide any personal information, regardless of its source, to any third party for any purpose whatsoever from visitors younger than 13 years old. Based on the purpose of the DealerMall Services to facilitate automobile purchases, sales, leases, and trade-ins, individual visitors and Users of the website and Services must be at least 16 years of age; and no information should be submitted to the Services by visitors younger than 13 years old.

11.      How to Contact DealerMall.

If you have any questions about this Privacy Policy or the DealerMall Services, please contact us by email or telephone using the appropriate support channel on the DealerMall website, admin@dealermall.com or by calling us at 844-492-0555. Otherwise, you may write to us at:

DealerMall Autos, LLC.

30101 Town Center Drive #207

Laguna Niguel, CA  92677

12.     Privacy Policy Changes.

DealerMall may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of DealerMall or the DealerMall Service after any modification to this Privacy Policy will constitute your acceptance of such modification.