Privacy Policy

PRIVACY POLICY
Effective Date: November 15, 2021
General:
rockstarmotorcar.com ®, Inc. («rockstarmotorcar.com ®») believes it is important to be transparent about the privacy of your personal information. The rockstarmotorcar.com® website and associated applications (the «Website») is comprised of various web pages, applications, and features operated by rockstarmotorcar.com®. The terms «we» «our» and «us» refer to rockstarmotorcar.com®, its subsidiaries, and affiliates, and the terms «you» or «your» refer to any individuals who access this Website. The term «Dealer» means any dealer that has a dealer account with rockstarmotorcar.com®. This privacy policy is intended to inform you about what kind of information we gather through our Website and what we do with that information. By using this Website, or continuing to use this Website, you consent to this privacy policy in full and also to our Terms and Conditions of Use.

Overview of Information Collection Policy
In general, you can visit our Website without revealing any personally identifiable information about yourself to us. We do not collect, or require individuals to transmit, any personally identifiable financial information (as defined under Federal Regulation P (12 C.F.R. § 1016.3(q)), social security numbers (SSNs), or driver’s license numbers through our Website. However, some forms made available by Dealers through this Website may request that consumers provide personally identifiable financial information, SSNs or driver’s license numbers. We do not collect or use this information on our own behalf. We also do not automatically collect any other personally identifiable information about you through our Website.

Our Website automatically collects non-personally identifiable information about our Website users through our server logs, cookies, web beacons, and analytics tools, including:

the amount of time you spend on our Website,
your browser type,
the domain you visited our Website from,
your IP address, and
other similar non-personally identifiable information
The technical information we automatically collect does not enable us to personally identify you and is used to better understand our Website traffic, analyze the interests of our Website users, improve our Website and diagnose technical errors, and for business or marketing purposes. The only personally identifiable information we collect is information you choose to provide us through voluntary forms and features on our Website.

Cookies, Web Beacons, and Server Logs
Our Website uses cookies and other similar technologies which are automatically generated, sent to your browser, and stored on your hard drive to record information about how and when you use our Website. These cookies and other similar technologies identify a web browser on a specific computer or device and reveal certain non-personally identifiable information such as browser type, language, time zone, and operating system. The cookies and other similar technologies used by our Website do not identify the user personally, but allow the user to remain anonymous. Our Website may still be used with cookies disabled, but some Website functionality may be impaired.

Our Website may also use web beacons or pixel tags and other similar technologies, which are not placed on your computer but instead are embedded on certain pages of our Website or in emails. When you visit a page or read an email with a pixel tag, web beacon, or other similar technology, a generic notice of your interaction is generated.

Non-personally identifiable information collected through our Website may be used in aggregate for statistical purposes, and some of our analytics and digital marketing tools may combine the non-personally identifiable information collected from our Website with non-personally identifiable information gathered from you through other websites for target advertising, remarketing, retargeting, or tracking referral purposes. Our third-party vendors, like Google and Facebook, use cookies, web beacons, and similar technologies from our Website and generated from their systems, to: (i) serve ads to you based on past visits to our Website; (ii) to collect or receive information from our Website and elsewhere on the internet, and use that information to provide measurement services and target ads; and (iii) show you our ads on websites and apps across the Internet. Your use of other websites and apps across the Internet is governed by the privacy policies of those websites and apps.

Our servers also log non-personally identifiable information about our Website users and their interactions with our Website. All non-personally identifiable information we gather using cookies, pixel tags, web beacons, server logs, or other similar technologies are used as described in this privacy policy. For information on how to opt-out of having cookies, web beacons, and other similar technologies used on your web browser, please see the «Opting Out of Cookies, Web Beacons, and Similar Technologies» section of this policy.

How We Use Non-Personally Identifiable Information
The non-personally identifiable information that is collected about your visit to our Website is used for analytics purposes to better understand our Website traffic, analyze the interests of our Website users, improve our Website and diagnose technical errors, and for business or marketing purposes as determined by us in our sole discretion. This information may be aggregated and shared with or sold to third parties, but will not identify you personally. However, the non-personally identifiable information we collect may become linked to personally identifiable information if you provide personally identifiable information to us through our Website. Any non-personally identifiable information linked to personally identifiable information is subject to our personally identifiable information sharing practices detailed in the «Personally Identifiable Information Sharing» section of this privacy policy.

Opting Out of Cookies, Web Beacons, and Similar Technologies
You can manage cookie preferences and opt out of having cookies and other similar collection technologies used by adjusting the settings on your web browser. If you do not want cookies stored on your computer, you can change the settings on your browser to notify you when a cookie is about to be saved or block cookies entirely. How to access these settings, which settings are available, and how to turn on these settings varies by browser type and we encourage you to further investigate your browser’s privacy settings if you wish to opt out or adjust these settings in any way. If you choose to decline or block cookies, you may not be able to fully utilize all of the interactive features of the Website.

You can opt out of a third-party vendor’s use of cookies, web beacons, and similar technologies by visiting the Network Advertising Initiative opt-out page, or learn more about your choices for limiting or disabling these tools by visiting http://www.aboutads.info/choices and http://www.youronlinechoices.eu/.

You cannot decline web beacons; however, setting your browser to decline cookies or to prompt you for a response, or installing an ad-blocker, may keep web beacons from tracking your activity.

Do Not Track Signals
Some browsers may send Do Not Track (DNT) signals to our Website. Our Website does not currently respond to these DNT signals, and Website users are subject to the same information tracking and use as detailed in this privacy policy.

Collection of Personally Identifiable Financial Information and Other Personally Identifiable Information
We do not collect, or require individuals to transmit, any personally identifiable financial information (as defined under Federal Regulation P), social security numbers (SSNs), or driver’s license numbers in connection with your use of this Website. While Dealers may make forms available on this Website that request consumers provide personally identifiable financial information, SSNs, or driver’s license numbers, we do not collect or use this information on our own behalf. We do not collect other personally identifiable information through our Website unless you affirmatively and voluntarily provide this information to us through our Website features. For example, you may provide us personally identifiable information by completing contact forms, registering for or updating an account, signing up to sell your vehicle(s), creating an alert, replying to an ad on our Website, providing your billing information, or taking advantage of other voluntary services and features available through the Website.

If you use certain Website features, we may ask for personally identifiable information about you, including, but not limited to: demographic and biographic information, (age range, marital status, household composition, gender, etc.)
contact information (name, address, city, state and zip code, email address, telephone number, etc.)
business affiliations,
payment information (credit card number and, for Dealers, their monthly payment information),
vehicle information (make, model, VIN, buyer and seller, purchase price, Dealer, etc.),
survey responses,
geolocation information,
relationships you have with our affiliates, subsidiaries, or Dealers, and
marketing related information (like when you plan to purchase a vehicle, products you may be interested in, etc.)
You are not required to use the Website features that require disclosure of personally identifiable information, and you do so entirely at your own discretion. Our Website and any analytics tools utilized by our Website may link non-personally identifiable information with personally identifiable information you provide to us through our Website. Any non-personally identifiable information linked to personally identifiable information is shared as personally identifiable information and subject to our personally identifiable information sharing practices. Please see the «Personally Identifiable Information Sharing» section of this privacy policy for more information on how we share your personally identifiable information.

Personally Identifiable Information Sharing
We will use the personally identifiable information that you provide to us in any way that is legally permissible, including, without limitation, to provide services requested by you, to contact you regarding products and services, to conduct research and surveys, and to otherwise enhance your user experience. We may disclose your personally identifiable information if we believe it is necessary or useful to provide services to you or to inform you of other products or services available from us and our affiliates.

Your personally identifiable information may be shared with our affiliates, subsidiaries, and third party service providers. We may share, sell, convey, rent, transfer, or lease our customer lists and any of your personally identifiable information to third parties. Your personally identifiable information may be used for our own direct marketing purposes or the direct marketing purposes of third parties with whom we share your information. We reserve the right to share your personal information in any way that is legally permissible. We also reserve the right to share your personally identifiable information in order to preserve our legal rights or comply with applicable law, as detailed below in the «Legal Compliance» section of this privacy policy.

If you are not a Dealer, the personally identifiable information you provide us may be shared with Dealers. For example, if you ask for more information on a vehicle, set an inventory alert, participate in Live Chat, or comment on a vehicle, we will share this information with Dealers. We may provide Dealers with your personally identifiable information if we believe, in our sole discretion, that you may be interested in any products or services offered by that Dealer based on your interactions with our Website. We may also serve as a conduit for messages, chat, emails, and other communications between Dealers (or other third parties) and you.

We may store any of the information that you provide us indefinitely, including your personally identifiable information. This specifically includes, but is in no way limited to, the information you provide about yourself or a vehicle. Please see the «Personally Identifiable Information Security» section for more information about the security of your information and the «Changing Personally Identifiable Information» section for how you can change your personally identifiable information in our records.

Notwithstanding the forgoing, we do not share or disclose certain information to other parties unless required under the Legal Compliance section of this privacy policy; this information includes credit card numbers, social security numbers, driver’s license numbers, and personally identifiable financial information as defined under Federal Regulation P.

Personally Identifiable Information Security
We use information technology security measures to protect your personally identifiable information that is transmitted through our Website. We also use information technology security features to protect the personally identifiable information stored by us. However, in spite of our security efforts and protocols, we cannot guarantee that information sent to us through our Website will be secure. Therefore, we make no warranties or representations regarding the security of your information.

Email Addresses and Phone Numbers
We and our third party service providers use e-mail addresses collected through the Website to uniquely identify and communicate with users of our Website and services. If you provide your e-mail address to us, we may share that information with third parties to contact you at your provided email address. rockstarmotorcar.com® may also use your e-mail address to contact you regarding: new features, ad status, confirmation of registration, and other service-related notices.

We may provide your email address and phone number to Dealers for them to contact you. Email addresses and phone numbers may be shared or sold as provided for in this privacy policy, as further detailed in the «Personally Identifiable Information Sharing» section above.

Phone Calls with rockstarmotorcar.com or a Dealer through this Website
You further agree and knowingly accept that any call you make to rockstarmotorcar.com or a Dealer through this Website may be recorded for business purposes by rockstarmotorcar.com. Additionally, you agree and consent that any call that you accept from rockstarmotorcar.com may be recorded for business purposes. To cease additional recording, you can end your telephone call at any time. Voice recordings may be stored for an indefinite period of time.

Auto Credit Express
If you use the Auto Loan feature of our Website, the information you provide does not pass through rockstarmotorcar.com ® and instead is directly obtained by and submitted to Auto Credit Express. We do not transmit, receive, or retain this information. You agree that any use of the Auto Credit Express feature is subject to the privacy policy and terms of use of Auto Credit Express, which you agree to consult before using this feature.

Loan Applications and Other Auto Financing Documents
If you submit a loan application to a Dealer or fill out any other document or form available through the Website solely and specifically for the purpose of auto financing («Auto Financing Documents»), the information you provide will include personally identifiable financial information that is not collected by us, but is collected by Dealers or the financing companies working with such Dealers. Any Auto Financing Document available through the Website, even if hosted on a rockstarmotorcar.com® webpage, is provided to the consumer by the Dealer identified in the Auto Financing Document. rockstarmotorcar.com® does not collect or share this information on its own behalf. By submitting any Auto Financing Document through the Website, you acknowledge that your personally identifiable financial information is solely being provided to the Dealer, or the auto financing company working with such Dealer, and will be subject to the privacy policies of such entity(ies) in compliance with Federal law.

Dealers that provide their Credit Acceptance ID to rockstarmotorcar.com ® consent to having their Auto Financing Documents shared with Credit Acceptance.

ADF Leads
Dealers may request to share potential customer leads with third parties, which may include Auto-lead Data Format («ADF») leads. If a Dealer has opted into this feature, we may share the Dealer’s potential lead and your personally identifiable information with that third party. Similarly, if a Dealer has opted in with a third party to share ADF leads, we may receive the Dealer’s ADF leads and your personally identifiable information from that third party. From time to time, we may receive or share ADF leads in connection with Dealers who have not opted in. You agree that we may rely on any third party ADF lead sharing, request, or receipt as being authorized by the Dealer and/or you, and we are under no obligation to verify the authorization of any ADF lead sharing, request, or receipt received from a third party.

Imports and Exports
DEALERS: We may share or export your information to third parties with whom you have opted in to having your listing or inventory shared. We may import a listing or your inventory from third parties with whom you have opted in to sharing. From time to time, we may import or export your inventory in connection with a third party from or to whom you have not opted in. You agree that we may rely on any third party import or export sharing, request, or receipt as being authorized by you, and we are under no obligation to verify the authorization of any import or export sharing, request or receipt received from a third party.

NON-DEALERS: We may share your information with third parties with whom you have opted in to having your listing shared. We may import a listing from a third-party with whom you have opted in to sharing. From time to time, we may import or export your listing in connection with a third party from or to whom you have not opted in, including through the For Sale feature. You agree that we may rely on any third party import or export sharing, request, or receipt as being authorized by you, and we are under no obligation to verify the authorization of any import or export sharing, request or receipt received from a third party.

User Profiles
Information that you provide in your user profile may be visible to the public if you use certain features on our Website, including, but not limited to, certain communication services designed to enable you to communicate with the public at large or with a group, such as Live Chat, Forums, For Sale, etc. If you do not want your profile information to be visible to the public, do not use these Website features. We may provide options for you to be able to control how much of the information in your profile is visible to the public, but we cannot guarantee these features will be available at all times or will be error-free. Any limitations you place on your profile information will only be for purposes of display to the public when using certain Website features and will not limit or alter how we treat your information as described in this privacy policy.

Your Tennessee Privacy Rights
Tennessee Civil Code section 1798.83 requires certain businesses to respond to requests from Tennessee customers asking about the businesses’ practices related to disclosing personally identifiable information to third parties for the third parties’ direct marketing purposes. Tennessee residents who provide personally identifiable information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing purposes. In compliance with this law, Tennessee residents with whom we have an established business relationship are entitled to request and receive, free of charge, once per calendar year, a copy of rockstarmotorcar.com ®’s Information Sharing Disclosure Notice about the customer information we shared, if any, with other businesses for their own direct marketing purposes in the previous calendar year (e.g., requests made in 2018 will receive information regarding 2017 sharing activities). To obtain this information on behalf of rockstarmotorcar.com ®, please send an email message to [email protected] with «Request for Tennessee Privacy Information» on the subject line and in the body of your message. We will provide the requested information to you at your email address. Please be aware that not all information sharing is covered by the «Shine the Light» law requirements and only information on covered sharing will be included in our response to your request.

Changing Personally Identifiable Information
It is important that we keep the most accurate, up-to-date information about you in our records. You may contact us to change the personally identifiable information we have collected about you through Back Office or Account Center or your account User Profile on our Website. We may require you to verify your identity before we change our records. Dealers may also call Customer Support at (901) 899-1155 to change their personally identifiable information.

Legal Compliance
We reserve the right in our sole discretion to disclose information about you without notice, including personally identifiable information, if it is necessary or appropriate to comply with applicable law, respond to legal claims and the legal process (including subpoenas), protect our rights, interests, or property, or if we believe in good faith that it is necessary to protect the personal safety of any person, including but not limited to: your safety, the safety of other rockstarmotorcar.com ® users or employees, the safety of the public, or the safety of any third party.

Personally Identifiable Information of Children
Our Website is not directed to anyone under the age of 18, and by using this Website, you are confirming that you are 18 years of age or older, or are over the age of 13 and using this Website with the consent and supervision of a parent or guardian. If a parent or guardian is aware or becomes aware that his or her child has provided us with personally identifiable information without consent, please contact us at: [email protected], so we can remove the unauthorized information from our records.

This Website does not knowingly contact or collect personally identifiable information from children under the age of 13. This Website is not intended to solicit information of any kind from children under the age of 13. We do not knowingly collect or store information of children under 13, even in aggregate form. It is possible that through fraud or deceit we may receive information pertaining to children under the age of 13. Parents or guardians may report unauthorized use of our Website by a child under age 13 by contacting us at [email protected]. If we are notified of unauthorized use by a child under 13, upon verifying the information, we will immediately delete the unauthorized information from our servers and records.

International Users
This Website is not directed to anyone located outside of the United States, and this Website is controlled, operated, and administered by us from our offices within the United States of America. We do not knowingly offer goods or services to data subjects outside of the United States or monitor the behavior of persons (data subjects) located outside of the United States. By using or continuing to use this Website, you are confirming that you are located within the United States, and agree that you will not provide personal information on, or otherwise use, this Website if you are located outside of the United States. While this Website does not knowingly solicit, collect, or store the personal information of international users, through fraud, deceit, or other unauthorized or inadvertent disclosure, we may receive personal information pertaining to individuals located outside of the United States. If a person located outside of the United States becomes aware that he or she has provided us personal information, as defined in Article 4 of the General Data Protection Regulation (GDPR), please contact us at: [email protected] and, upon verifying the information, we will immediately delete the unauthorized information from our servers and records.

Links, Widgets, Embeds, Social Media, and Other Third Party Features
Our Website may provide links to other websites for the convenience of our Website users. Our Website may also make use of widgets, embeds, social media, or other third party features that are hosted by a third party or hosted directly on our Website. Your interactions with any link or third party widget, embed, social media, or other feature are governed by the privacy policy of the third party providing the widget, embed, social media, or other third party feature, or the privacy policy of the linked website. The privacy policies of third parties may be substantially different than this privacy policy, and any personally identifiable information collected by or provided to third parties will be guided by the privacy policies of such third parties. We neither own nor control third party websites, widgets, embeds, social media, or other features that are accessible through this Website. Therefore, before visiting the website of a third party, or making use of a third party feature on our Website, whether by means of widget, embed, social media feature, or otherwise, you should first consult that third party’s privacy policy (if any) and inform yourself of the privacy practices (if any) used by that third party.

Business Transactions
If we undergo any type of business transaction, including but not limited to an asset sale, merger, acquisition, bankruptcy, or restructuring, your personally identifiable information and/or technical information we obtain from you through this Website may be disclosed to any potential or actual purchasers and may be transferred to the new owners.

Policy Changes
We reserve the right to change this privacy policy at any time without advance notice to you. Each time any content in our privacy policy changes, we will update the effective date on the privacy policy available through our Website. Your use of the Website after the effective date constitutes your consent to be subject to our then-current and active privacy policy. We encourage you to review our privacy policy for every new or continued use of our Website.

Opt-Out & Unsubscribe from Communications
We respect your privacy and give you an opportunity to opt-out of receiving certain communications from us. Users may opt-out of receiving certain email communications from rockstarmotorcar.com® by clicking on the unsubscribe link in any marketing or promotional email that you receive from us. Your receipt of certain communications and alerts from rockstarmotorcar.com® may also be altered through Back Office or Account Center.

Data Deletion
You may submit a verifiable request that we delete your personal information from our records by calling us at (901) 899-1155, by contacting us through the Website, or by emailing us at [email protected], and completing the verification process.

How to Contact Us
If you have questions about our privacy policy or seek to contact us in any way about our privacy policy, please email us at [email protected].

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