Notice at Collection of Personal Information & Privacy Policy

 

 
 

 

Notice at Collection of Personal Information

 

Weatherford Motors, Inc. dba Weatherford BMW, Import Motors, Inc. dba BMW Concord & MINI of Concord, Mill Valley Motors, Inc. dba BMW San Rafael, Import Motors II, Inc. dba Audi Concord, and Sojitz Automotive Group, Inc. dba Sunwise Automotive Group ("Dealership," "we," "us" or "our") respect the privacy of the information our customers entrust to us. This Notice at Collection applies to both the online and offline collection of information.  We do not and will not sell personal information. For more information regarding our privacy practices and consumer rights under the California Consumer Privacy Act, view our Privacy Policy at privacy.sunwiseautogroup.com.

 

Categories of personal information we collect from you

The business or commercial purpose(s) for which it will be used:

Identifiers, such as:

Name, postal address, email address, IP address, identification numbers (e.g., social security number, driver's license number, state identification number, military identification number or passport number), employment information

To respond to your requests and inquiries; communicate with you regarding our products or services; enter into transactions with you; process your transactions; send you marketing communications; complete government forms; confirm your identity and that you are at least 18 years old; and/or confirm you are licensed to drive our vehicles or take delivery of a vehicle you have purchased, leased, or loaned from us

Other personal information described in Civil Code Section 1798.80(e), such as:

Phone number; insurance information; bank account number, credit card number, debit card number, or other financial information; and/or your signature

To respond to your requests and inquiries; communicate with you regarding our products or services; enter into transactions with you; process your transactions; send you marketing communications; confirm your insurance coverage; confirm your identity; obtain authorization to collect payment from you; collect payment from you; confirm acknowledgement of receipt of documents we provide to you; and/or to complete government forms

Physical description and characteristics of protected classifications under California or federal law, such as:

A photocopy/scan of government issued identification reveals personal information.  For example:

  • Driver's license/state identification card - includes your image, date of birth, physical description and gender
  • Permanent resident card - includes your image, date and place of birth;
  • Social security card - includes your social security number
  • Passport - includes your image, date and place of birth and your nationality
  • Military ID - includes your image and rank

Completion of a Translated Contract Acknowledgement or signing of translated documents reveals your primary language

To confirm your identity; confirm you are licensed to drive our vehicles or take delivery of a vehicle you have purchased or leased from us; confirm eligibility for a manufacturer/lender rebate and to apply for and process any such rebate; determine coverage under the Military Lending Act; provide you with copies of certain documents written in the language in which your transaction was primarily negotiated, as required by law; and/or to complete government forms

Commercial information from selling/providing products or services to you, such as:

Information, including vehicle information and ownership information, regarding a transaction in which we sell or lease a vehicle to you and/or buy a vehicle from you, or provide parts, service repairs to, or maintenance or inspection of your vehicle

To process your transactions; appraise your current vehicle; send you informational and marketing communications; retain records of transactions as required by law; fulfill the terms of a written warranty or product recall; to process warranty, insurance or service contract claims; and/or to complete government forms

Biometric information:

If you will be financing or leasing a vehicle from us, we collect a copy of your thumbprint if you complete a "Thumbprint form"

To confirm your identity

Internet or other electronic network activity information, such as:

IP address, browsing history, and search history

To communicate with you regarding our products and services; improve user experiences by making our website easier to use and navigate, and more personalized based on the profile we create about you

Geolocation information, such as:

Location of IP address or location of vehicle (using GPS, as permitted by law)

To respond to your requests and inquiries; enter into transactions with you; process your transactions; send you marketing communications; track your vehicle as permitted by law.

Sensory data, such as audio information:

Voicemail messages and/or recorded phone calls (with your consent) 

To communicate with you; some phone calls are recorded (with your consent) for training our staff and for quality assurance purposes

Professional or employment related information, such as:

Information regarding current occupation

To determine eligibility for a manufacturer/lender rebate and process applicable rebate; to determine eligibility for employee price discounts; and/or to complete government forms

Education information, such as

Information regarding whether you are or will soon be a college graduate

To determine eligibility for a manufacturer/lender rebate and process applicable rebate, if applicable

Inferences drawn from information collected to create a profile, such as:

Information regarding your vehicle preferences and needs

To communicate with you regarding our products and services and to market to you

Credit information, including employment information, if you apply to finance or lease a vehicle, or make full payment by check.

See our Privacy Notice at:  privacy.sunwiseautogroup.com


 
PRIVACY POLICY

 
Effective Date: December 27, 2019
 
Sunwise Automotive Group and its related entities and dealerships (including BMW Concord, MINI of Concord, Audi Concord, BMW of San Rafael, Weatherford BMW, and Sojitz Automotive Group, Inc., hereafter collectively the "Company") respect the privacy of the information you have entrusted to us. This Privacy Policy ("Policy") applies to both the online and offline collection of personal information by the Company.  By using our website and services (collectively the "Services"), you acknowledge you have read and understood the terms and conditions of this Policy.  If you do not agree to the terms and conditions of this Policy, please do not use the Services.
 
Your use of the Services is also governed by our Terms of Use at this link.
 
PLEASE NOTE THE ARBIRATION PROVISION SET FORTH BELOW REQUIRES, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST THE COMPANY ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
 
PLEASE SEE THE DISPUTE RESOLUTION AND ARBITRATION PROCEDURE BELOW.
 
 
 

INFORMATION COLLECTED

 

Below is a chart describing the personal information we have collected about consumers during the last 12 months:

 

Category of Personal Data

Source(s)

Purpose(s) for Collection

Disclosure to

Third Parties

 

Identifiers, such as:

 

Name, postal address,

email address, IP address,

identification numbers

(e.g., social security number,

driver's license number,

state identification number,

military identification number, or passport number)

 

Directly from consumers

 

Indirectly from consumers (e.g., from observing consumers' actions on our Services)

 

Third-party service providers, including advertising companies, analytics providers, websites or companies that provide information regarding vehicles or provide listings of vehicles available for sale/lease, that forward identifiers provided by consumers

 

To respond to consumers' requests and inquiries

 

Communicate with consumers regarding our products or services

 

Enter into and process transactions with consumers

 

Send marketing communications

 

Complete government forms

 

Confirm consumers' identity and that they are at least 18 years old

 

Confirm consumers are licensed to driver our vehicles or take deliver of a vehicle purchased or leased from us

 

Disclosure for business purposes to internet service providers, analytics providers, payment processors and warranty, insurance, or service contract administrators, if applicable to transaction

 

Disclosure for marketing purposes to our advertising companies

 

Disclosure for safety and warranty purposes to vehicle manufacturer, if customer purchased/leased a new or certified vehicle or if their vehicle was serviced at our dealership

 

Disclosure to state or federal agencies, when required by law

 

Disclosure to the vehicle manufacturer as a report of vehicle sale or report of vehicle servicing if customer purchased/leased a new or pre-owned vehicle or if their vehicle was serviced at our dealership

 

Personal Information Categories Listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as:

 

Phone number, insurance information, bank account number, credit card number, debit card number, or other financial information, including information relating to consumers' vehicle financing or lease terms, along with vehicle information and/or signature(s).

 

Directly from consumers

 

Third-party service providers, including advertising companies and analytics providers

 

To respond to consumers' requests and inquiries

 

Communicate with consumers regarding our products or services

 

Enter into and process transactions with consumers

 

Send marketing communications

 

Complete government forms

 

Confirm insurance coverage

 

Obtain authorization to collect payments

 

Collect payments

 

Confirm acknowledgment of receipt of documents we provide to consumers

 

 

Disclosure for business purposes to internet service providers, delivery services and payment processors

 

Disclosure to state or federal agencies, when required by law

 

Disclosure to the vehicle manufacturer as a report of vehicle sale or report of vehicle servicing if customer purchased/leased a new or pre-owned vehicle or if their vehicle was serviced at our dealership

 

Protected Classification Characteristics Under California or Federal Law, such as:

 

A photocopy/scan of government issued identification reveals personal information. For example:

 

Driver's license/state identification card - includes image, date of birth, physical description, and gender

 

Permanent resident card - includes image, date and place of birth

 

Social security card - includes social security number

 

Passport - includes image, date and place of birth and nationality

 

Military ID - includes image and rank

 

Completion of a translated contract acknowledgment or signing of translated documents reveals a consumer's primary language

 

 

Directly from consumers

 

Government's Military Lending Act website

 

To confirm identity

 

Confirm consumers are licensed to drive our vehicles or take delivery of a vehicle purchased or leased from us

 

Confirm eligibility for a manufacturer or lender rebate and to apply for and process any such rebate

 

Determine coverage under the Military Lending Act in connection with a financed vehicle transaction

 

Provide consumers with copies of certain documents written in the language in which their purchase, finance or lease transaction was primarily negotiated, as required by law

 

Complete government forms

 

Disclosure to manufacturer or lender for processing applicable rebate

 

Disclosure to state or federal agencies, when required by law

 

Commercial Information, such as:

 

Vehicle information, ownership information, and current lease or finance terms

 

Directly from consumers

 

Third parties, such as vehicle manufacturer and/or advertising companies

 

Enter into and process transactions with consumers

 

Appraise consumers' vehicles

 

Send informational and marketing communications

 

Retain records of transactions as required by law

 

Fulfill the terms of a written warranty or product recall

 

Process warranty, insurance, or service contract claims

 

Share information with state agencies as required by law

 

Disclosure for business purposes to payment processors, delivery services and warranty, insurance or service contract administrators, if applicable to transaction

 

Disclosure for safety and warranty purposes to vehicle manufacturer, if customer purchased/leased a new or pre-owned vehicle or if their vehicle was serviced at our dealership

 

Disclosure to state or federal agencies, when required by law

 

Biometric Information, such as:

 

Consumers who finance/lease vehicles may be asked to complete a "Thumbprint form"

 

 

Directly from consumers

 

To confirm identity

 

N/A

 

Internet or other Similar Network Activity Information, such as:

 

IP address, browsing history, and search history

 

 

Indirectly from consumers (e.g., from observing consumers' actions on our Services)

 

To communicate with consumers regarding our products and services

 

Improve user experiences by making our website easier to use and navigate, and more personalized based on the profile we create about consumers

 

Disclosure for business purposes to internet service providers

 

Geolocation Information, such as:

 

IP address and vehicle location (using GPS, as permitted by law)

 

Indirectly from consumers (e.g., from observing consumers' actions on our Services)

 

From vehicles equipped with GPS tracking (as permitted by law)

 

To respond to consumers' requests and inquiries

 

Enter into and process consumers' transactions

 

Send marketing communications

 

Track vehicles as permitted by law

 

 

Disclosure for business purposes to internet service providers

 

Sensory Data, such as:

 

Audio information from voicemail messages and/or recorded phone calls (with consumers' consent)

 

 

Directly from consumers

 

To communicate with you; some phone calls are recorded (with your consent) for training our staff and for quality assurance purposes

 

N/A

 

Professional or Employment-Related Information, such as:

 

Information regarding current occupation

 

Directly from consumers

 

To confirm eligibility for a manufacturer or lender rebate and to apply for and process any such rebate

 

To confirm eligibility for employee discount pricing

 

Complete government forms as required by law

 

 

Disclosure to a manufacturer or lender for processing applicable rebate

 

Disclosure to state or federal agencies, when required by law

 

Non-Public Education Information (per the Family Educational Rights and Privacy Act - 20 U.S.C. Section 1232g, 34 C.F.R Part 99), such as:

 

Information regarding whether a consumer is or will soon be a college graduate

 

 

Directly from consumers

 

To confirm eligibility for a manufacturer or lender rebate and to apply for and process any such rebate

 

Disclosure to manufacturer or lender for processing applicable rebate

 

Inferences Drawn from Personal Information to Create a Profile, such as:

 

Information regarding consumers' vehicle preferences and needs

 

 

 

Indirectly form consumers (e.g., from observing consumers' actions on our Services)

 

Third-Party service providers, including advertising companies and analytics providers

 

To market our products and services to consumers

 

N/A

 

 
Cookies
 
We, and third-parties we allow, use cookies and other similar technologies.  Cookies are small text files placed on your device that uniquely identify your device and which a website can transfer to a consumer's hard drive to keep records of his or her visit to a website.  We, or third parties, may use session cookies or persistent cookies.  Session cookies only last for the specific duration of your visit and are deleted when you close your browser. Persistent cookies remain on your device's hard drive until you delete them or they expire.  Different cookies are used perform different functions, which we explain below:
 

  • Essential.  Some cookies are essential in order to enable you to move around our website and use its features, such as accessing secure areas of our website.  Without these cookies, we cannot enable appropriate content based on the type device you are using.
  • Analytics.  We use Google Analytics to measure how you interact with our website and to improve your user experience. To learn more about Google Analytics privacy practices and opt-out mechanisms, please visit the Google Analytics Security and Privacy Principles page at https://support.google.com/analytics/answer/6004245?hl=en.  Google also provides a complete privacy policy and instructions on opting-out of Google Analytics at https://tools.google.com/dlpage/gaoptout.
  • Targeted Advertising.  We use cookies to compile information on our users' interactions with our website.  We use this information to serve ads to you off of our website.

 
There are several ways to manage cookies.  You can control the use of cookies at the browser level, by instructing your browser to accept cookies, disable cookies, or notify you when receiving a new cookie.   Please note that if you reject cookies, you may still use our website, but your ability to use some features or areas of our website may be limited.  The Network Advertising Initiative also offers a means to opt-out of a number of advertising cookies.  Please visit networkadvertising.org to learn more.  Note that opting-out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted out will no longer deliver ads tailored to your preferences and usage patterns.
 
Use of Information Collected
 
We use the information we collect from you for the following purposes:
 

  • To provide our Services, including but not limited to selling, leasing, and repairing new and used vehicles as a franchised automobile dealership
  • To send you marketing communications
  • To respond to your requests and inquiries
  • To improve user experiences by making our website easier to use and navigate
  • For other legitimate business purposes

 
Sharing and Disclosure
 
We may share or disclose your information to the following categories of third parties and for the following reasons:
 

  • To third-party service providers, agents, or independent contractors who help us maintain our Services and provide other administrative services - these third-party providers are only authorized access to your information in response to our request and for the Company's use and benefit.
  • We may share your personal information in the course of any reorganization process including but not limited to mergers, acquisitions, and sales of all or substantially all our assets.
  • We may disclose your personal information to law enforcement, government agencies, and other related third parties in order to comply with the law, enforce our policies, or protect our or others' rights, property, or safety.
  • We also may share your information with our manufacturer as part of the manufacturer's required sales and repair-service reporting or when you ask the manufacturer to resolve a dispute you may have with one of our dealerships.

 
 
Collection and Use of Information from Children
 
Our Services are not intended for children.  We do not knowingly collect personal information from children, and none of our Services are designed to attract children.  In the event that we learn that a person under the age of 13 has provided personal information to us, we will delete such personal information as soon as possible.
 
Opt-Out
 
We provide you the opportunity to opt-out of marketing communications by clicking the "unsubscribe" link in email communications or by contacting us using the contact information provided below.  We will process your request as soon as possible in accordance with applicable law, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe request is processed.
 
Third-Party Links
 
Our website may contain links to other third-party sites.  The Company is not responsible for the privacy practices or content of such other sites.  If you have any questions about how these other sites use your information, you should review their policies and contact them directly.
 
Your California Privacy Rights
 
California Civil Code Section 1798.83 permits visitors to the Services who are California residents to request certain information, once a year, regarding our disclosure of personal information to third parties for their direct marketing purposes.  To make such a request, please send us an email using the contact information provided below and put "Shine the Light Request" in the subject line of your email.
 
If you are a California resident, as of January 1, 2020, under the California Consumer Privacy Act, you have the following additional rights:
 
You have the right to request information about the categories and specific pieces of personal information we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the categories of third parties with whom we share such information.
 
You have the right to request information about our sale or disclosure for business purposes of your personal information to third parties.
 
You have the right to opt-out of the sale of your personal information to third parties.  However, we do not sell your personal information to third parties.
 
You have the right to request the deletion of your personal information.  Please note that notwithstanding your request, California law permits us to retain certain categories of personal information for numerous purposes, including to complete a transaction, to perform a contract between you and us, and to comply with a legal obligation, such as a record retention requirement.
 
You have the right to not be discriminated against for exercising any of these rights.
 
In addition, before we provide or delete any personal information, we will require verification of identity by any means that we believe is reasonably necessary to establish the identity of the requesting party.
 
If you would like to exercise one or more of the above rights, please contact us using the contact information provided below.
 
Notice Regarding Public Posting Areas
 
Please note that any information you include in a message you post to any public posting area is available to anyone with Internet access.  If you do not want people to know your email address, for example, do not include it in any message you post publicly.  PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN PUBLIC POSTING AREAS.  THE COMPANY IS NOT RESPONSIBLE FOR THE USE BY OTHER OS THE INFORMATION THAT YOU DISCLOSE IN PUBLIC POSTING AREAS.
 
Security
 
We implement reasonable security measures to ensure the security of your personal information.  Please understand, however, that no data transmissions over the Internet can be guaranteed to be 100% secure.  Consequently, the Company cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk.  If we learn of a security system breach, we may attempt to notify electronically so that you can take appropriate protective steps.  By using the Services or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services.  We may post a notice via our website if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances.  Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
 
International Data Transfers
 
The Company is based in the United States.  If you choose to provide us with information, please understand that your personal information may be transferred to or within the U.S. and we may transfer your information to our affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world.  If you are visiting from the EU or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal information to the U.S. and other jurisdictions that may not have the same data protection laws as the EU.  We put in place appropriate operational, procedural, and technical measures in order to ensure the protection of your personal information.  You acknowledge you understand that by providing your personal information: (i) your personal information will be used for the uses identified above in accordance with this Policy; and (ii) your personal information may be transferred to or within the U.S. and other jurisdictions as indicated above, in accordance with applicable law.
 
Assignment
 
In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personal information collected via the Services.
 
Dispute Resolution and Agreement to Arbitrate
 
Except where and to the extend prohibited by law, by using the Services, you and the Company agree that if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services or the breach, enforcement, interpretation, or validity of this Policy or any part of it ("Dispute"), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.  Notice shall be sent to:
 
            The Company:  Attn: General Counsel, 1967 Market St., Concord, CA 94520.
            You:  at the address we have on file for you or that you otherwise provide to us.
 
Both you and the Company agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.  IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS.  ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT OU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.  The parties expressly agree that this arbitration provision and any arbitration under this agreement is governed and controlled by the Federal Arbitration Act.  Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.  All such disputes shall be shall be exclusively submitted to JAMS, at its San Francisco, California location, for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.  The rules for arbitration may be reviewed at jamsadr.com.
 
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Policy, including any claim that all or any part of this Policy is void or voidable.
 
Choice of Law
 
This Policy has been made in, and shall be construed in accordance with, the laws of the State of California, without giving effect to any conflict of laws principles.  If for any reason any disputes or claims may not be subject to the arbitration provision above, the parties agree that such disputes or claims shall be resolved by a court located in the State of California, Contra Costa County, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such disputes or claims.
 
Other Arbitration Agreements
 
In the event of a conflict between this agreement to arbitrate and any other arbitration agreement between you and the Company, such as an arbitration agreement contained in a retail installment sales contract, lease agreement, or repair estimate or repair order (Other Arbitration Agreement), the terms of the Other Arbitration Agreement shall govern and prevail in such instance.
 
How We Respond to Do-Not-Track Signals
 
At this time our website does not recognize automated browser signals regarding tracking mechanisms, which may include "Do Not Track" instructions.
 
Changes to This Privacy Policy
 
We reserve the right to change this Policy from time to time at our sole discretion.  If we do so, we will also revise the "Effective Date" at the top of this Policy.  If we make material changes to the Policy, we will notify you by placing a prominent notice on our website and/or by sending you an email at the email address we have on file for you.  We encourage you to periodically review this Policy to keep up to date on how we are handling your personal information.
 
Contact Us
 
If you have any questions, comments, requests, or concerns related to our privacy practices or this Policy, please contact us at:
 
By email at privacy@sunwiseuautogroup.com or call us toll-free at 1-855-326-8691.  You may also write to Consumer Privacy Coordinator, c/o General Counsel, Sunwise Automotive Group, 1967 Market St., Concord, California, 94520.

Your California Privacy Rights

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained herein and applies solely to consumers who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.

Your Rights and Choices
The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months.

Opt-Out of Personal Information Sharing and Selling Rights

You have the right to request that we discontinue sharing or selling any of the personal information that we collected about you and retained, subject to certain exceptions in the CCPA.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected about you and retained, subject to certain exceptions in the CCPA.

Non-Discrimination Rights

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not deny you goods or services, charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, provide you a different level or quality of goods or services, or suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Exercising Access, Data Portability, and Deletion Rights

You may exercise your access, data portability, and deletion rights described above by either:

  • Calling us
  • Completing and submitting the form below

Privacy

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