Penske Motor Group, LLC
Last Updated: December 18, 2019
Welcome to Penske Motor Group, LLC (“PMG,” “we,” “us” or “our”). PMG takes your privacy seriously and is committed to safeguarding your privacy both online and at our dealerships. Because we gather certain types of information from visitors to our site, we have developed this Privacy Statement to help you understand the terms and conditions surrounding the collection and use of that information. This Privacy Statement discloses the types of information we gather, how it is used and shared, and how you can gain access to and edit any personal information that we have collected about you at any time. When we collect personal information from visitors, we will make every reasonable effort to avoid excessive or irrelevant collection of data.
PMG is the shared services entity for the following collective of dealerships: Longo Toyota, Longo Lexus, Lexus of Stevens Creek, Mercedes-Benz of Marin, and Longo Toyota of Prosper (collectively, including PMG, the “Companies” and each a “Company”). This Privacy Statement applies to the Companies and PMG’s website. By using our sites and services (collectively, the “Services”), you acknowledge that you have read and understood the terms and conditions of this Privacy Statement. If you do not agree to the terms and conditions of this Privacy Statement, please do not use the Services.
This Privacy Statement is accessible by website accessibility readers or tools.
PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH REQUIRES, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST PMG 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 OR CONSOLIDATED CAPACITY.
“Personal information” is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. We may have collected the following categories of information from and about you in the preceding 12 months:
Personal Identifiers (e.g., name, email address, and telephone numbers)
Source(s): Directly from you and indirectly from you (e.g., from observing your actions on our Services); from third party service providers, such as data analytics providers or social media platforms
Purpose: To fulfill or meet the reason you provided the information, e.g., to apply for a job, respond to a question, or request information about the Company
Disclosure to Third Parties within the Last 12 Months: N/A
Internet or other similar network activity (e.g., when you visit our sites, usage, viewing, technical, and device data, including your browser or device type, unique device identifier, and IP address)
Source(s): Indirectly from you (e.g., from observing your actions on our Services or websites); from third party service providers, such as data analytics providers
Purpose: To fulfill or meet the reason you provided the information, e.g., to provide and improve targeted advertising and improve our website functionality and user experience on our website
Disclosure to Third Parties within the Last 12 Months: Disclosure for business purposes to internet service providers
Inferences drawn from other personal information
Source(s): Indirectly from you (e.g., from observing your actions on our Services) and from third party service providers, such as data analytics providers or social media platforms
Purpose: To fulfill or meet the reason you provided the information, e.g., to provide targeted advertising
Disclosure to Third Parties within the Last 12 Months: N/A
The following are additional explanations about our data collection that may be helpful to you.
Usage Information: Anytime you visit our sites, we may gather certain information regarding the means you use to access our sites. This information may include the type and version of your browser, your service provider, your IP address and any search engine you may have used to locate the sites. We use this information to help diagnose problems with our server, administer the sites, and compile broad statistical data. In addition, we gather certain navigational information about where you go on our sites. This information enables us to determine which areas of the sites are most frequently visited and helps us to tailor the sites to the needs and interests of our online visitors. Such information is gathered by us in the aggregate and will not be associated with a specific individual without that individual’s consent.
Information Voluntarily Provided on the Sites: We may collect information you voluntarily provide to us (i.e., contact information such as name, e-mail address, etc.), such as when you fill out the “Contact Us” form, or use any of the other interactive portions of our sites. The personal information you provide to us may be shared with the Companies.
USE & RETENTION OF INFORMATION COLLECTED
We use the information we collect from you for the following purposes:
To provide our Services.
To tailor your experience on the sites.
To improve user experiences by making our Services easier to use and navigate.
To respond to your requests and inquiries.
To comply with legal and/or safety requirements.
For other legitimate business purposes.
We retain your information only for as long as necessary for the purpose for which it was collected.
DISCLOSURE OF PERSONAL INFORMATION
We collect and maintain the personal information of our consumers for our use and our parent and affiliated companies’ use. We do not disclose consumer information to third parties, other than as described below:
Agents: Our Company may use other companies and individuals, such as our applicant tracking system, to perform certain functions on our behalf, such managing job applicants. Such third party service providers will only receive personal information inputted by you to process the request.
Business Transfers: In the event that our Company undergoes a direct or indirect reorganization process including, but not limited to, mergers, acquisitions, and sales of all or a particular portion of its business assets, consumer information may be one of the business assets transferred as part of the transaction.
Compliance with Law/Safety: Our Company may disclose specific personal information based on a good faith belief that such disclosure is necessary to comply with or conform to the law or that such disclosure is necessary to protect the users of our Services, our sites, or the public.
With Consent: Other than as set forth in this Privacy Statement, if we share your personal information with any third parties, you will be given the opportunity to decline to share that information.
Essential. Some cookies are essential in order to enable you to move around our sites and use their features, such as accessing secure areas of our sites. Without these cookies, we cannot enable appropriate content based on the type of device you are using.
Analytics. Personal information collected via cookies for analytics purposes may include: information about your browser, network, and device; web pages you visited prior to coming to our sites; IP address; clicks; internal links; pages visited; scrolling; and searches. We use this information to learn about site traffic and activity. In particular, we use Google Analytics to measure how you interact with our sites. For more information about Google Analytics and how it collects and processes data, please go to “How Google uses data when you use our partners’ sites or apps”, located at https://policies.google.com/technologies/partner-sites. Google also provides instructions on opting-out of Google Analytics at https://tools.google.com/dlpage/gaoptout.
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.
ACCESSING OUR SITES FROM OUTSIDE OF THE UNITED STATES
If you are visiting our sites from a location outside of the U.S., your connection will be through and to servers located in the U.S. Any information you provide during your visit will be processed and maintained on our server and other internal systems located within the U.S. You acknowledge you understand that by providing your personal information to us, your personal information (i) will be used for the uses identified above in accordance with this Privacy Statement, and (ii) may be transferred to the U.S. as indicated above, in accordance with applicable law.
The personal information record created through your registration with our sites can only be accessed with the unique password associated with that record. To protect the integrity of the information contained in this record, you should not disclose or otherwise reveal your password to third parties. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. Please let us know immediately if you believe your password or record has been compromised.
Our Company will take reasonable physical, electronic and managerial measures to safeguard and secure any personal information you provide to us. Please understand, however, that no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we 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 systems breach we may attempt to notify you 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 sites if a security breach occurs. We may also send an e-mail to you at the e-mail 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.
MARKETING OPT-OUT PROCEDURES
Please note that anytime you provide us with your e-mail address, you will be opted-in to receive both marketing and informational communications from the Company. You may always opt-out of receiving future marketing communications from the Company through the unsubscribe link typically found at the bottom of each communication. You may also contact us at the information provided in this notice. When you click the “unsubscribe” link on a communication, a pop-up menu may appear, giving you the opportunity to unsubscribe from other marketing communications on an individual level.
Additionally, we may send you information regarding our Services, such as information about changes to our policies and other notices and disclosures required by law. Generally, users cannot opt out of these communications, but they will be primarily informational in nature, rather than promotional.
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 e-mail at firstname.lastname@example.org and put “Shine the Light Request” in the subject line of your e-mail.
If you are a California resident, from January 1, 2020, you have the following additional rights:
You have the right to know and right to access information about the categories and specific pieces of personal information we have collected about you within the last twelve months, 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 also have the right to know if we have sold or disclosed your personal information. You may also request a copy of the personal information we have collected, and upon request, we will provide this information to you in electronic form. You may make this request up to two times in a twelve-month period.
You have the right to request information about our sale or disclosure for business purposes of your personal information to third parties within the last twelve months.
PMG does not sell your personal information to third parties, as those terms are defined in the California Consumer Privacy Act.
Subject to certain legal exceptions, you have the right to request the deletion of your personal information. For example, we will not delete information if we need it to fulfill warranty requirements or to complete a transaction. You may make this request up to two times in a twelve-month period.
You have the right to not be discriminated against for exercising any of these rights.
If you would like to exercise one or more of the above rights, please fill out our online web form here. You may also designate an authorized agent registered with the California Secretary of State to make a request on your behalf. The authorized agent must be registered by the California Secretary of State and must have written permission to submit requests on your behalf. Whenever feasible for verification, we will match the identifying information provided by you to the personal data already maintained by us. If, however, we cannot verify your identity from the information already maintained by us, we may request additional information.
HOW WE RESPOND TO DO NOT TRACK SIGNALS
At this time our sites do not recognize automated browser signals regarding tracking mechanisms, which may include Do Not Track instructions.
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 extent prohibited by law, by using the Services, you and PMG 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 Privacy Statement 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:
Penske Motor Group, LLC, at 3534 North Peck Road, El Monte, CA 91731, or
You, at the address we have on file for you.
Both you and PMG 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 YOU MAY NOT PROCEED IN A CLASS OR CONSOLIDATED CAPACITY. 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 exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
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 Privacy Statement, including any claim that all or any part of this Privacy Statement is void or voidable.
CHOICE OF LAW
This Privacy Statement 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 law principles. Any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
CHANGES TO THIS PRIVACY STATEMENT
We reserve the right to change this Privacy Statement from time to time. When we do, we will also revise the “Last Updated” date above. If we make material changes to the Privacy Statement, we will notify you by placing a prominent notice on our sites and/or by sending you an e-mail at the e-mail address we have on file for you. We encourage you to periodically review this Privacy Statement to keep up to date on how we are handling your personal information.
If you have questions concerning this Privacy Statement or the Company’s privacy practices, you may contact the Privacy Officer at email@example.com, or call 833-955-0152. If you would like to submit an individual rights request under the California Consumer Privacy Act, please fill out our web form here.