PRIVACY POLICY
Dated: March 26, 2014
The Upstate New York Toyota Dealers Association is committed to maintaining your confidence and trust as it relates to the privacy of your information. We provide certain regional advertising programs for our members which consist of authorized Toyota dealers located in Connecticut, New Jersey and New York (“Our Dealer Members”). This privacy policy (“Privacy Notice”) relates to our information technology practices and Platforms (as described below) and not those of Our Dealer Members.
Please read below and learn how we collect, protect, share and use your information as part of our technology platforms, including, without limitation, our websites, web pages, interactive features, applications, Twitter, Facebook and other social media networks, and mobile applications (“Platforms”).
QUICK GUIDE TO CONTENTS
1. INFORMATION WE
COLLECT ON OUR PLATFORMS.
2.
HOW WE USE THE
INFORMATION WE COLLECT.
3.
SHARING OF
INFORMATION.
4.
INFORMATION WE
RECEIVE FROM THIRD PARTIES.
5.
YOUR PRIVACY
RIGHTS, CHOICE AND ACCESS.
6.
ADVERTISING/BEHAVIORAL
TARGETING; HOW TO OPT-OUT.
7.
CHILDREN.
8.
SECURITY OF YOUR
INFORMATION.
9.
OTHER SITES.
10.
CONSENT TO
PROCESSING AND TRANSFER OF INFORMATION.
11.
CHANGES.
12.
CONTACT US.
1.
INFORMATION WE COLLECT ON OUR
PLATFORMS.
Information You Provide To Us.
We may collect Personal Information (information that can be used to identify you as an individual) such as your name, email, telephone number, home address, and/or demographic information (such as zip code, age, and preferred language.). The types of Personal Information we collect may vary depending on your use of the features of the Platforms. For example, we will collect Personal Information when you submit comments or participate in sweepstakes, contests, games, special events, promotions, blogs and chats, surveys and phone calls (“Programs”). We may record phone conversations between you and Our Dealer Members and which may contain or include Personal Information.
In addition, we may post customer testimonials/video testimonials on our Platforms which may contain personally identifiable information. Prior to posting a testimonial, we do obtain the customer's consent via email to post their name along with their testimonial.
We may utilize third party social media management services. Information that you post on those sites, as well as publicly available information that you post on other pages made available through those sites and on other social media sites may be used by us for customer satisfaction, customized marketing, marketing analysis, consumer research and other legitimate business purposes.
Friend to Friend: Some features on the Platforms may permit you to submit information about other people. For example, if you wish to invite your friends to participate in a Program offered through the Platforms or forward particular content from the Platforms to your friends, you will be asked to submit your friends’ e-mail addresses. Our use, sharing and protection of the other person's information will also be subject to the terms of the Program and this Privacy Statement.
Information We Collect Automatically
Usage Information. Whenever you visit or interact with the Platforms, we, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about how the Platforms are accessed and used (“Usage Information”). Usage Information may include browser type, device type, operating system, application version, the page served, the time, the preceding page views, and your use of features or applications on the Platforms, such as interactions with friends and group activities. This information helps us keep our Platforms fresh and interesting to our visitors and allows us to tailor content to a visitor’s interests. Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, we treat it as Personal Information.
Device Identifier. We automatically collect your IP address or other unique identifier (“Device Identifier”) for the Device (computer, mobile phone, tablet or other device) you use to access the Platforms. A Device Identifier is a number that is assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier. We may use a Device Identifier to, among other things, administer the Platforms, help diagnose problems with our servers, analyze trends, track users’ web page movements, help identify you and your shopping cart, and gather broad demographic information for aggregate use.
Cookies; Pixel Tags. The technologies used on the Platforms to collect Usage Information, including Device Identifiers, include but are not limited to: cookies (data files placed on a Device when it is used to visit the Platforms), mobile analytics software and pixel tags (transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed). Cookies may also be used to associate you with social networking sites like Facebook and Twitter and, if you so choose, enable interaction between your activities on the Platforms and your activities on such social networking sites. We, or our vendors, may place cookies or similar files on your Device for security purposes, to facilitate site navigation and to personalize your experience while visiting our Platforms (such as allowing us to select which ads or offers are most likely to appeal to you, based on your interests, preferences, location, or demographic information). Tracking cookie information may also be used to select ads for you based on your visits to other websites. A pixel tag may tell your browser to get content from another server.
To learn how you may be able to reduce the number of cookies you receive from us, or delete cookies that have already been installed in your browser’s cookie folder, please refer to your browser’s help menu or other instructions related to your browser. If you do disable or opt out of receiving cookies, please be aware that some features and services on our Platforms may not work properly because we may not be able to recognize and associate you. In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests. If you block or delete cookies, not all tracking that we have described in this Privacy Notice will stop. 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.
Information Collected by Toyota
Certain information you provide to us is shared with Toyota Motor Sales, U.S.A., Inc. (“Toyota”). Toyota also collects personal information in connection with your use of the Platforms. Your information will be used by Toyota in accordance with its policies, and this Privacy Notice will not apply to Toyota’s use of your information. Please refer to Toyota Motor Sales, U.S.A., Inc.’s privacy policy for more information (http://www.toyota.com/support/privacy.html).
Dataium Information
We use a third party tracking service provided by Dataium, LLC to collect non-personally identifiable online demographical and behavioral data generated by website visitors. A data collection script provided by this service and installed on our website collects the following kinds of data: all your website session activity, including your personally identifiable information when entered into a form field such as name, phone, email, or when you arrive at our website through a link containing a unique identifier; links that you click, pages that you view, form fields that you select, and text fields that you enter. The information is used to compile your shopping activity to produce an individual shopping profile for you, which contains information about your brand preferences, and to aggregate your website behavioral data in anonymized form with all other visitors’ anonymized shopping activity data on our website to help us analyze industry trends, general shopping patterns, overall consumer demands, and website performance. If you desire more information about this service, please visit http://www.dataium.com/consumers/ . You may opt-out of this data collection by clicking on this opt-out link http://www.dataium.com/options and then following the prompts.
2. HOW WE USE THE INFORMATION WE COLLECT.
We use the information we collect about and from you for a variety of business purposes such as to respond to your questions and requests (such as requests for product information, new vehicle information alerts, and brochures); advise you of important safety-related information; enable you to participate in promotional activities, or other Programs; provide you with access to certain areas and features of the Platforms such as your interactions with other users; verify your identity; communicate with you about your account and activities on the Platforms and, in our discretion, changes to any of our policies; tailor content, advertisements, and offers we serve you; improve the Platforms; comply with license obligations; and for purposes disclosed at the time you provide your Personal Information or otherwise with your consent.
We collect your location-based information for the purpose of providing you with offers and other information relevant to your location. We share this information with Our Dealer Members, Toyota and our mapping service provider.
Except as described here, we will not provide any of your Personal Information to any third parties without your specific consent. We may share non-Personal Information, such as aggregate data and Usage Information with third parties. We may also share your information as disclosed at the time you provide your information, as set forth in this Privacy Notice and in the following circumstances:
Third Parties Providing Services On Our Behalf. We may share your Personal Information with third parties that perform functions on our behalf (or on behalf of our partners) such as service providers that host or operate our Platforms (including Toyota), analyze data, process transactions, or provide customer service; advertisers; sponsors or other third parties that participate in or administer our promotions, contests, sweepstakes, surveys or provide marketing or promotional assistance and “powered by” partners or partners in co-branded sites. Your Personal Information may also be used by us or shared with our subsidiaries, affiliates, sponsors, partners, advertisers or other third parties to provide you with product information and promotional and other offers. These third parties may use the information to compile a profile of you and/or your activities and they may share that information with others or use it for services and marketing purposes
Program Partners. If you choose to participate in a Program, your Personal Information may also be shared with our Program partners (including Our Dealer Members) and may be used by our Program partners if you indicate your interest in receiving communications directly from that company. If you elect to receive communications from our business partner, your information will be used by that company in accordance with its policies, and this Privacy Notice will not apply to that company's use of your information. Sometimes the rules, terms and conditions or disclaimers that apply to a particular Program include information on how we may use the Personal Information that you provide to us through your participation in the Program. If there is a conflict between the rules, terms and conditions that apply to a particular Program and this Privacy Notice, those applying to the particular Program will govern. Please review all of the information about a Program before you provide us with any Personal Information.
Your Agreement To Have Your Personal Information Shared. While on our Platforms, you may have the opportunity to opt-in to receive information and/or marketing offers from someone else or to otherwise consent to the sharing of your information with a third party, including social networking sites such as Facebook or Twitter. If you agree to have your Personal Information shared, your Personal Information will be disclosed to the third party and the Personal Information you disclose will be subject to the privacy policy and business practices of that third party.
Our Dealer Members and Business Transfers. We may share your Personal Information with other entities and our affiliates primarily for business and operational purposes. We may also share your information with Our Dealer Members and distributors for their own use. Your information will be used by Our Dealer Members and distributors in accordance with their policies, and this Privacy Notice will not apply to their use of your information. In the event that we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction.
Legal Disclosure. We may transfer and disclose your information to third parties to comply with a legal obligation; when we believe in good faith that the law or a governmental authority requires it; to verify or enforce our policies; to address fraud, security or technical issues; to respond to an emergency; or otherwise to protect our rights or property or security of third parties, visitors to our Platforms or the public.
4. INFORMATION WE RECEIVE FROM THIRD PARTIES.
We may receive information about you from third parties. For example, if you are on another website and you opt-in to receive information from us, that website will submit to us your email address and other information about you so that we may contact you as requested. You may also choose to participate in a third party application or feature (such as one of our Facebook or Twitter applications or a similar application or feature on a third party website) through which you allow us to collect (or the third party to share) information about you, including Usage Information and Personal Information such as lists of your friends, “likes”, comments you have shared, groups and location. Services like Facebook Connect give you the option to post information about your activities on our Platform to your profile page to share with others within your network. In addition, we may receive information about you if other users of a third party website give us access to their profiles and you are one of their “connections” or information about you is otherwise accessible through your “connections’” web page, profile page, or similar page on a social networking or other third party website or interactive service. We may supplement the information we collect about you through the Platforms with such information from third parties in order to enhance our ability to serve you, to tailor our content to you and/or to offer you opportunities to purchase products or services that we believe may be of interest to you.
5. YOUR PRIVACY RIGHTS, CHOICE AND ACCESS.
The Platforms give you choices. Generally, if you choose to receive e-mails about products and other information, your Personal Information will be provided to Toyota and one or more of Our Dealer Members. We may not have access to your Personal Information provided to Toyota and Our Dealer Members, therefore, if you would like to update or delete such information you will need to contact Our Dealer Members and/or Toyota directly. Toyota’s contact information is available in their Privacy Policy (http://www.toyota.com/support/privacy.html). Contact information for Our Dealer Members may be obtained from us using one of the methods described below under “12. Contact Us.” If you would to contact us regarding any update to your information, please contact us using one of the methods described below under “12. Contact Us.”
In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Platforms. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. If you would like us to remove your information from our databases, please contact us using one of the methods described below under “12. Contact Us.” It may not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. We may retain your information (including geo-location data) for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We do not control certain privacy settings and preferences maintained by our social media partners like Facebook and Twitter. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.
6. ADVERTISING/BEHAVIORAL TARGETING; HOW TO OPT-OUT.
We may use third party ad network providers to help present ads on the Platforms, as well as other service providers to evaluate and provide us with information about the use of the Platforms and viewing of our content. Personal Information may be shared with these providers when you complete forms on the Platforms or when you give us permission to share your Personal Information. Such providers may place and access cookies, pixel tags, or similar technologies on your Device to serve you ads or other content personalized to your interests which they infer from your precise location and/or your browsing on the Platforms and other sites you have visited. In doing so, the provider collects or has access to non-Personal Information such as your Usage Information. The use of cookies, pixel tags, or similar technologies by these providers is subject to their own privacy policies, not ours.
If you prefer to not receive targeted advertising, you can opt-out of some network advertising programs that use your information. To do so, please visit the DAA Opt-Out Page. Please note that even if you choose to remove your information (opt-out), you will still see advertisements while you're browsing online. However the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The DAA Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.
In addition, certain advertisements may provide links to allow you to opt-out of targeted advertising or programs from their network.
Toyota also provides advertising and uses behavioral targeting on certain Platforms. Please see Toyota’s Privacy Policy for information regarding their advertising practices and use of behavioral targeting for more information (http://www.toyota.com/support/privacy.html).
The Platforms are not directed to children under 13. We do not knowingly collect, use or disclose personally identifiable information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.
8. SECURITY OF YOUR INFORMATION.
We take information security seriously and use certain reasonable security measures to help protect your Personal Information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the Platforms and provide us with your information at your own risk. When we collect sensitive information on our sites or within our mobile application (such as geo-location information), we encrypt the transmission of that information using secure socket layer technology.
The Platforms may contain links to other sites that we do not own or operate, such as Our Dealer Members’ websites, Toyota Financial Services, and automobile valuation websites, as well as links from advertisers, sponsors and/or partners. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices, even though they may use the our name or logo on their site through an agreement with us. These other sites may send their own cookies to your Device, they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our Platforms (including those linked to through an email or social networking page).
The Platforms may make available chat rooms, forums, message boards, and news groups. Remember that any information that you disclose in these areas becomes public information and is not subject to the provisions of this Privacy Notice.
10. CONSENT TO PROCESSING AND TRANSFER OF INFORMATION.
The Platforms are governed by and operated in, and in accordance with the laws of, the United States, and are intended for the enjoyment of residents of the United States. We make no representation that the Platforms are governed by or operated in accordance with the laws of any other nation. If you are located outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Platforms, or providing us with any information, you (a) acknowledge that the Platforms are subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.
We may update this Privacy Notice to reflect changes to our information practices. If we make any material changes we will post the updated policy on this website with the date of the revised policy will be noted above. We encourage you to periodically review this page for the latest information on our privacy practices.
To contact us with a question email us at mwelch@weinerllp.com or mail your inquiry to:
Margaret
Welch
Weiner LLC
85 Chestnut Ridge Road
Suite 114
Montvale, NJ 07645
Tel: 201-746-9700
ext. 301
Fax: 201-746-9708