Privacy Policy Last Updated: Sep 1, 2021

Introduction

HYT Servicest and each of our subsidiaries and affiliated entities under common ownership and control (collectively, “Dealership” or “we” or “us”) respects your privacy and the information that you have entrusted to us. This Privacy Policy describes our collection, use and disclosure of the information we may collect from you whenever you visit the Dealership’s physical location(s) or website(s) (hereinafter a “Site” and collectively the “Sites”), or otherwise access any of our other products, services, and content (hereinafter “Services”). This Privacy Policy applies to all visitors and customers of our Sites, including those consumers and/or customers who apply for and/or receive financing for personal, family or household purposes. If you become an inactive customer, or if we close or suspend your account, we will continue to adhere to the Privacy Policy in place when we collected your personal information as long as we retain it in our databases. We may delete any or all of your information at any time without notice to you or for any reason or no reason unless we are otherwise required by law or retain it. You may have other privacy protections under state laws and we will comply with any applicable state laws when we disclose information about you.

Section

This Privacy Policy is comprised of the following sections.

Section 1: California Consumer Privacy Act Disclosures

Section 2: Other Important Privacy Disclosures

Section1: California Consumer Privacy Act Disclosures

Notice of Collection

Learn about the categories of personal information our dealership collected and the purposes for which it is used.

California Privacy Policy

Learn about the categories of personal information our dealership collected and the purposes for which it is used.

Submit a CCPA Request

Exercise your rights under the CCPA, including your right to know or delete the personal information we've collected about you.

Do Not Sell My Info

Opt-out of the sale of your personal information to third parties.

Notice of Collection

The purpose of this Notice of Collection is to provide consumers with information about the categories of personal information that our dealerships collect about them and the purposes for which the personal information will be used.

We collect the following categories of “personal information”, as defined in the CCPA, relating to California residents:

  • Audio/Video/Visual such as photographs, recorded calls, voicemails, and video.
  • Biometric such as fingerprints.
  • Commercial such as vehicles, products, services, and repairs purchased, obtained or considered; personal property records (e.g., vehicle titles and registration cards); or other purchasing or consuming histories or tendencies..
  • Customer Records as defined under California Civil Code Section 1798.80(e), such as digital and electronic signatures, telephone numbers, insurance policy numbers, credit and debit card numbers, financial and credit-related information, physical characteristics and descriptions (e.g., government identification), bank account numbers, and medical and health insurance information (in the context of employment)..
  • Education such as diplomas and transcripts for student rebate eligibility..
  • Geolocation such as tracking and user-enabled location identification..
  • Identifiers such as real name, postal address, IP address, email address, SSN, driver’s license number, passport number, cookies, pixel tags, and similar identifiers.
  • Internet Activity such as interactions with our websites, applications, and advertisements.
  • Professional/Employment such as job title, occupation, company or business name, and employment history information..
  • Protected Classes under California or federal law, such as gender, age, and veteran status..
  • Advertising & Marketing to send advertisements and marketing material via physical and electronic mail relating to product specials and other promotional events or offers, perform marketing research and data analytics, and perform similar activities..
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  • Contextual and Behavioral Targeting to provide contextual customization of ads shown as part of an interaction with our website or application, such as through the use of “first-party” or “session” cookies..

We use the categories of personal information listed above for one or more of the following “business purposes” listed in the CCPA::

  • Advertising & Marketing to send advertisements and marketing material via physical and electronic mail relating to product specials and other promotional events or offers, perform marketing research and data analytics, and perform similar activities..
  • Contextual and Behavioral Targeting to provide contextual customization of ads shown as part of an interaction with our website or application, such as through the use of “first-party” or “session” cookies..
  • Counting Ad Impressions & Website Interactions to audit interactions with our websites, applications, or advertisements, count ad impressions to unique visitors, verify position and quality of ad impressions, and perform similar activities..
  • Customer Service to provide customer service, maintain and service products and accounts, provide training for quality assurance purposes, and perform similar activities..
  • Defending Against Claims & Litigation to defend against or respond to potential or actual claims and litigation, including, but not limited to, those against the manufacturer of a particular vehicle we've sold..
  • Fraud Prevention to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and to prosecute those responsible for that activity..
  • Processing Transactions to process or fulfill orders and transactions, verify customer information, process payments, confirm eligibility for manufacturer rebates, and perform similar activities..
  • Providing Financing to provide financing in connection with a vehicle purchase, lease or related products or services..

In the context of employment, we also use the categories of personal information listed above for one or more of the following business purposes:

  • Claims & Benefits Administration to process claims, administer benefits, and conduct employee drug tests in accordance with applicable laws..
  • Determining Employment Eligibility to determine eligibility for employment, verify references and employment history, and conduct background checks..
  • Employee & Emergency Contact Communications to communicate with our employees or individuals listed as an employee’s emergency contact..
  • Public Health and Safety to conduct screening or temperature checks for COVID-19 symptoms or similar screening activities related to public health and safety..

California Privacy Policy

The purpose of this California Privacy Policy is to provide consumers with a comprehensive description of our dealership’s online and offline practices regarding the collecting, use, disclosure, and sale of personal information and of the rights of consumers regarding their personal information under the CCPA.

The tables below describe how we collect, use, and disclose California consumers’ personal information based on definitions laid out in the CCPA. Please note that because the categories of personal information collected and shared largely depends on how a consumer has interacted with our dealership, not all of the items listed in the tables below will be relevant to you. For example, we generally only collect veteran status when a consumer qualifies for a military rebate. Similarly, certain pieces of information, such as health and medical information, are only collected in the course of administering employment benefits and claims, but are not collected from customers.

Categories of Personal Information We Collect

Categories of Personal Information Collected in the preceding 12 months Categories of Sources from which the Personal Information is Collected Business or Commercial Purposes for which the Personal Information was Collected or Sold
Audio/Video/Visual such as photographs, recorded calls, voicemails, and video. Advertising Networks & Agencies such as digital advertising companies and other marketing firms. Captive Finance Companies and wholly-owned subsidiaries of automakers that offer loans, lease programs, and other financial services to our customers. Credit Reporting Agencies such as Experian, Transunion and Equifax that gather account information from various creditors and provide that information to dealers in connection with an application for credit. Data Brokers & Analytics Providers such as equity mining, data mining, call tracking, and sales prospecting tools. Directly from Consumers through our website forms and via in-person applications, forms and contracts. Government Entities such as the Department of Motor Vehicles (DMV) and various other state and federal agencies. Job Boards & Screening Companies such as background check companies and services that allow job seekers to submit resumes and apply to us directly. Online Lead Providers and third party websites that collect and share data relating to consumers whose product preferences or inquiries align with the offerings of our dealership. Social Media Networks such as Facebook, Instagram, and other platforms used to run various advertising campaigns. Vehicle Manufacturers for which we are franchised to sell new motor vehicles. Advertising & Marketing to send advertisements and marketing material via physical and electronic mail relating to product specials and other promotional events or offers, perform marketing research and data analytics, and perform similar activities. Claims & Benefits Administrationto process claims, administer benefits, and conduct employee drug tests in accordance with applicable laws. Contextual and Behavioral Targeting to provide contextual customization of ads shown as part of an interaction with our website or application, such as through the use of “first-party” or “session” cookies. Counting Ad Impressions & Website Interactionsto audit interactions with our websites, applications, or advertisements, count ad impressions to unique visitors, verify position and quality of ad impressions, and perform similar activities. Customer Service to provide customer service, maintain and service products and accounts, provide training for quality assurance purposes, and perform similar activities. Defending Against Claims & Litigationto defend against or respond to potential or actual claims and litigation, including, but not limited to, those against the manufacturer of a particular vehicle we've sold. Determining Employment Eligibilityto determine eligibility for employment, verify references and employment history, and conduct background checks. Employee & Emergency Contact Communicationsto communicate with our employees or individuals listed as an employee’s emergency contact.. Fraud Preventionto detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and to prosecute those responsible for that activity. Processing Transactions to process or fulfill orders and transactions, verify customer information, process payments, confirm eligibility for manufacturer rebates, and perform similar activities. Providing Financingto provide financing in connection with a vehicle purchase, lease or related products or services. Public Health and Safetyto conduct screening or temperature checks for COVID-19 symptoms or similar screening activities related to public health and safety.
Biometric such as fingerprints.
Commercial such as vehicles, products, services, and repairs purchased, obtained or considered; personal property records (e.g., vehicle titles and registration cards); or other purchasing or consuming histories or tendencies.
Customer Records as defined under California Civil Code Section 1798.80(e), such as digital and electronic signatures, telephone numbers, insurance policy numbers, credit and debit card numbers, financial and credit-related information, physical characteristics and descriptions (e.g., government identification), bank account numbers, and medical and health insurance information (in the context of employment).
Education such as diplomas and transcripts for student rebate eligibility.
Geolocation such as tracking and user-enabled location identification.
Identifiers such as real name, postal address, IP address, email address, SSN, driver’s license number, passport number, cookies, pixel tags, and similar identifiers.
Internet Activity such as interactions with our websites, applications, and advertisements.
Professional/Employment such as job title, occupation, company or business name, and employment history information.
Protected Classes under California or federal law, such as gender, age, and veteran status.

Disclosure of Personal Information to Third Parties

Categories of Personal Information Disclosed for a Business Purpose or Sold to Third Parties in the Preceding 12 months Categories of Third Parties to Whom the Information was Disclosed or Sold
Audio/Video/Visual such as photographs, recorded calls, voicemails, and video. Software Vendors, Attorneys & Law Firms
Commercial such as vehicles, products, services, and repairs purchased, obtained or considered; personal property records (e.g., vehicle titles and registration cards); or other purchasing or consuming histories or tendencies. Debt Collection Agencies & Repossession Companies, F&I Product Providers & Administrators, Advertising Networks & Marketing Agencies, Data Brokers & Analytics Providers, Reputation Management Companies, Software Vendors, Attorneys & Law Firms, Financial Institutions, Website Providers, Auctions & Wholesalers, Government Entities, Lien Sale Companies, Digital Retailers & eCommerce Platforms, Vehicle Manufacturers, Check Guarantee Companies, Financial Institutions, Government Entities, F&I Product Providers & Administrators, Auctions & Wholesalers
Customer Records as defined under California Civil Code Section 1798.80(e), such as digital and electronic signatures, telephone numbers, insurance policy numbers, credit and debit card numbers, financial and credit-related information, physical characteristics and descriptions (e.g., government identification), bank account numbers, and medical and health insurance information (in the context of employment). Debt Collection Agencies & Repossession Companies, F&I Product Providers & Administrators, Software Vendors, Advertising Networks & Marketing Agencies, Data Brokers & Analytics Providers, Reputation Management Companies, Attorneys & Law Firms, Financial Institutions, Website Providers, Auctions & Wholesalers, Check Guarantee Companies, Credit Reporting Agencies (CRAs), Government Entities, Payment Processors & Gateways, Digital Retailers & eCommerce Platforms, Rideshare Companies, Vehicle Manufacturers, Claims & Benefits Administrators, Check Guarantee Companies, Credit Reporting Agencies (CRAs), Financial Institutions, Government Entities, F&I Product Providers & Administrators, Auctions & Wholesalers
Education such as diplomas and transcripts for student rebate eligibility. Debt Collection Agencies & Repossession Companies, Financial Institutions, Website Providers, Software Vendors, Attorneys & Law Firms, Vehicle Manufacturers, Financial Institutions
Geolocation such as tracking and user-enabled location identification. Website Providers
Identifiers such as real name, postal address, IP address, email address, SSN, driver’s license number, passport number, cookies, pixel tags, and similar identifiers. Social Media Networks, Debt Collection Agencies & Repossession Companies, F&I Product Providers & Administrators, Software Vendors, Advertising Networks & Marketing Agencies, Data Brokers & Analytics Providers, Reputation Management Companies, Attorneys & Law Firms, Financial Institutions, Website Providers, Auctions & Wholesalers, Check Guarantee Companies, Credit Reporting Agencies (CRAs), Government Entities, Lien Sale Companies, Payment Processors & Gateways, Digital Retailers & eCommerce Platforms, Rideshare Companies, Vehicle Manufacturers, Claims & Benefits Administrators, Check Guarantee Companies, Credit Reporting Agencies (CRAs), Financial Institutions, Government Entities, F&I Product Providers & Administrators, Auctions & Wholesalers
Internet Activity such as interactions with our websites, applications, and advertisements. Social Media Networks, Software Vendors, Website Providers, Data Brokers & Analytics Providers, Advertising Networks & Marketing Agencies
Professional/Employment such as job title, occupation, company or business name, and employment history information. Debt Collection Agencies & Repossession Companies, Attorneys & Law Firms, Financial Institutions, Website Providers, Software Vendors, Credit Reporting Agencies (CRAs), Government Entities, Claims & Benefits Administrators, Credit Reporting Agencies (CRAs), Financial Institutions, Government Entities
Protected Classes under California or federal law, such as gender, age, and veteran status. Debt Collection Agencies & Repossession Companies, Attorneys & Law Firms, Financial Institutions, Website Providers, Software Vendors, Credit Reporting Agencies (CRAs), Data Brokers & Analytics Providers, Government Entities, Vehicle Manufacturers, Claims & Benefits Administrators, Check Guarantee Companies, Credit Reporting Agencies (CRAs), Financial Institutions, Government Entities

Information You Provide

1. Right to Know About Personal Information Collected, Disclosed, or Sold

Under the CCPA, you have a right to request that we disclose the categories of personal information we have collected, used, disclosed, and sold. We call this as a “categories” request. You also have the right to request that we disclose the specific pieces of personal information that we have collected about you, which we call a “specific pieces” request. These are referred to collectively as “Right to Know” requests under the CCPA.

2. Right to Request Deletion of Personal Information

You also have a right to delete the personal information we’ve collected about you. The “Right to Delete” is subject to several legal exceptions, such as when we are required by another state or federal law to retain your information.

3. Right to Opt-Out of the Sale of Information

The CCPA provides consumers with the right to opt-out of the sale of their personal information. The CCPA defines a "sale" as disclosing or making available to a third-party personal information in exchange for monetary or other valuable consideration. While we do not sell personal information for monetary value, we may disclose personal information to third parties, such as vehicle manufacturers, in such a way that may be considered a “sale” of personal information under the CCPA. To direct us to stop the sale of your personal information, click here to submit a request using our interactive web form. We do not sell personal information of minors who we know are under 16 years of age.

4. Right to Non-Discrimination for the Exercise of Your CCPA Rights

You have a right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA.

Verification of Right to Know and Deletion Requests

To protect against fraud, identity theft, and the unauthorized disclosure or deletion of personal information, we require that consumers submitting requests under the CCPA first verify their identity. This may include a combination of SMS (text message) verification, email verification, and one or more questions regarding the consumer’s particular interaction or transaction with our dealership. If the consumer fails to verify their request via these methods, or the information provided by the consumer otherwise does not match our existing records, we will deny the request.

How to Submit a CCPA Request

To submit a Right to Know, Delete, Opt-Out, or Opt-In request, click here to access our online consumer request portal, or call our toll free number at 1(415)796-5513.

Authorized Agents

A consumer may designate an authorized agent to make a request under the CCPA on the consumer’s behalf. If a consumer wishes to authorize another person to act as an authorized agent on the consumer’s behalf, the consumer must provide the authorized agent permission to do so. An authorized agent can submit a CCPA request on behalf of a California resident by clicking here.

To help prevent fraudulent requests, we reserve the right to deny a request from an agent that does not submit proof that he or she has been authorized by the consumer to act on the consumer’s behalf. As proof that the agent has been duly authorized by the consumer to submit a CCPA request, the agent will be required to upload either (1) power of attorney signed by consumer, or (2) other signed permission from the consumer. Pursuant to California Probate Code Sections 4300 to 4310, if an agent provides power of attorney signed by the consumer (“principal”) that purports to give the agent authorization to submit the request on the principal’s behalf, we may require that the agent provide information reasonably necessary or appropriate to identify the agent and principal and to facilitate the request. This includes, but is not limited to, identification of the agent and principal and the current and permanent residence addresses of the principal. If the agent provides some other signed permission from the consumer, we may require that the consumer (1) verify their identity directly with us through a combination of SMS (text message) verification, email verification, and one or more questions regarding the consumer’s particular interaction or transaction with our dealership and (2) confirm that he or she provided the authorized agent permission to submit the request.

Contact Us

For questions or concerns about our Privacy Policy, please contact us by email at help@hytservice.com or by phone at 1(415)796-5513.

Section2: Other Important Privacy Disclosures.

General Policies

Visit our General Privacy Policy describing our data collection, security, and online tracking practices.

Shine the Light

Exercise your rights under the California Shine the Light law.

Child Privacy Protection

View our privacy policy as it relates to the collection of data of children under the age of 13.

Cookies Use Policy

View our policy regarding our Sites' use of cookies and similar tracking technologies.

Consent and Notification of Revisions

By accessing or using our Sites and/or Services, you consent to this Privacy Policy. If you do not agree with this Privacy Policy or our Terms of Service, please do not access or use the Site(s) or Services. We may periodically modify or update our Privacy Policy with our without notice to you by posting the most updated version on this page. Please see the “Revision Date” at the top of this document to see when the Privacy Policy was last changed. We will update the “Revision Date” in the privacy policy to notify you of any substantive changes to the way we collect and use information. We encourage you to periodically review this Privacy Policy to obtain the most up-to-date information on how we are handling your personal information.If you do not agree to changes to this Privacy Policy, you must stop using the Sites after the last revision date of such changes.

Collection of Anonymous Information

We also collect anonymous, aggregate information (IP address or domain name) from all visitors to our Sites. The anonymous information we collect from your visit is never linked to any of your personal information until you voluntarily submit that personal information. If not, that anonymous information is used only in the aggregate to generate statistical reports about the use of our Sites. We may provide this anonymous information in aggregate form to other parties or use it for our own insights or marketing purposes. This anonymous or aggregate information is not linked to any personal information and our ability to use this information is not restricted in any way.

How We Respond To Do-Not-Track Signals

The “Do Not Track” (hereafter “DNT”) privacy preference is a feature in some web browsers that tells a website that a user does not want their online activity to be tracked. Because there is no universal guidance or accepted method on how to interact with these DNT signals, our Sites are not set up to respond to DNT signals. Instead, upon visiting our website, we allow users to consent to or decline the deployment of specific cookies and similar tracking technologies to build profiles, serve ads, and personalize their experience across websites.

Third-party Links

This Privacy Policy applies only to our Sites and Services, and information collected for us or by us through various features and online offerings on our Sites. Our Sites contain links to other third-party sites, and our Privacy Policy does not apply to any third-party site or service linked to our Sites or recommended or referred by our Sites or by our staff. We are not responsible for the website, privacy practices or content of any third-party. If you have any questions about how these other sites use your information, you should review their policies and contact them directly.

Security

We implement reasonable security measures to ensure the security of your personal information. However, no data transmissions over the Internet can be guaranteed to be 100% secure by nature. 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. We may attempt to notify you electronically of any security system breach so that you can take appropriate 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 or send an email to you at the email address you provided. You may have a legal right to receive notice of a security breach in writing depending on where you live.

While we use encryption to protect online information, we also make all reasonable efforts to secure and protect your information offline. All of our customers’ information is restricted in our offices and only employees who need the information to perform a specific job function are granted access to this information. The services that store your personal information are housed in a secure environment.

Business Transfers and Related Activities

We may share or transfer your information in the course of any direct or indirect reorganization process such as, but not limited to, mergers, acquisitions, divestitures, bankruptcies, and sales of all or a part of our assets. Your information may be shared as a result of such transaction and/or during the assessment process pending transfer. In the event your information is transferred due to one of these events, know that your information would remain subject to this Privacy Policy or a privacy policy that protects your privacy to an equal degree as this Privacy Policy.

Your California Privacy Rights

California Civil Code Section 1798.83 permits visitors to our Sites and users of our Services who are California residents to request, once a year, certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make a request, please send us an email at help@hytservice.com and include “Shine the Light Request” in the subject line.

Use of Cookies & Similar Technologies

We use cookies and other similar technologies (e.g. web beacons, pixels, or local storage) to deliver content specific to your interests, track your website activity, help our Sites remember you, enhance your online experience with us, and provide you with information you’re most likely to need. Cookies are small pieces of text used to store information on web browsers between visits. Cookies and any technology that serves a similar purpose as a cookie in the context of tracking, identifying, or building consumer profiles are included in our use of the term “cookie” for the purpose of this Privacy Policy. We, our service providers, or third-party advertising companies may use “first-party cookies” or “third-party cookies” as described below.

First-Party Cookies. Many first-party cookies are necessary to facilitate essential website functions and enable you to navigate our Sites and use its features, such as remembering a consumer’s shopping cart or chat session across pages or multiple visits. Also, first-party cookies are used to improve the functionality of the Site (such as tracking errors) and may be used to improve the ability to market or advertise to our consumers strictly on our own Sites, such as building consumer interest profiles to improve the recommended products consumers see on our own Sites. By default, our Sites do not support an inherent mechanism to allow users to opt-out of these first-party cookies.

Third-Party Cookies. Third-party cookies refer to any cookie that shares or enables the sharing of information to an entity other than our own Sites. For example, some cookies used with third-party analytics providers will use a first-party domain but still share the collected information with the third-party provider. Our users can opt-out of certain third-party cookies by making the appropriate selection on our cookie banner that appears upon first visiting our Sites, by submitting a CCPA opt-out request (see our CCPA Privacy Policy for more info), or as otherwise described in this Privacy Policy. We allow users to opt-out of the following types of third-party cookies:

  • Cookies used to track consumers in order to serve ads to the consumer on other websites (e.g. retargeting ads that might appear on a search engine or social media that redirect you to our Sites).
  • Cookies used to build consumer profiles to improve the overall ability to advertise to an individual or group of consumers across multiple Sites.
  • Cookies used to track individual consumers to improve the ads they are served from a variety of advertisers (which may include the Dealership).
  • Employment, education and other background information when you inquire about employment with X-Rite
  • For some third-party cookies, our Sites do not offer an inherent mechanism for user to opt-out. This includes the following types of third-party cookies:

  • Cookies used by our service providers or third-party advertising companies to perform an essential function solely on our own Sites. For example, they may use a cookie to remember a consumer's chat session across pages or visits so that the customer service representative responding to the chat is aware of the previous questions asked by the specific consumer.
  • Cookies used by our service providers to perform analytics solely for our own Sites.

Some web browsers offer settings that allow you to choose whether cookies are set by the websites that you visit. These controls vary by browser, but may allow you to disable all cookies, disable cookies for individual websites, or notify you whenever a cookie is set. Please note that if you disable cookies, you may still use our website, but your ability to use some features or areas of the Site may be limited. Our Sites may use products, such as Google Analytics, to measure how you interact with our Sites and to improve your user experience. For more information on Google Analytics, its 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. For Google’s privacy policy and instructions on opting-out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout. The Network Advertising Initiative also offers a means to opt-out of a number of advertising cookies. To learn more, please visit www.networkadvertising.org. Note that opting-out does not mean you will no longer receive online advertising. It means that the company or companies from which you opted-out will no longer deliver ads tailored to your preferences and usage patterns.

Web Choices: Note that this site's cookie banner and privacy settings will only opt you out of the future tracking and sharing by cookies that are deployed by our Sites. In order to manage the information sharing and advertising cookies not deployed by our Sites (e.g., other third-party companies' cookies that are already tracking you), you may want to consider using one of the consumer choice tools created under self-regulation programs, such as the US-based https://optout.aboutads.info/?c=2&lang=EN choices page.

Dispute Resolution and Arbitration Agreement

By using the Services, except where prohibited by law, you and Dealership 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 Policy or any part of it (hereinafter “Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party and allowing the receiving party thirty (30) calendar days in which to respond to or settle the Dispute. Notice shall be sent to us at ATTN: 6346 N Blackstone Ave Fresno, Ca 93710 or to you at the address we have on file for you.

Both you and the Dealership 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 ANY INDIVIDUAL BASIS IN CALIFORNIA. 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 CONSOLIDATION 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.

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 Policy, including any claims that all or any part of this Privacy Policy is void or voidable.

Other Arbitration Agreements

In the event of a conflict between this arbitration agreement and any other arbitration agreement between you and the Dealership such as an arbitration agreement contained in a retail installment sale contract, lease agreement, or repair estimate (hereinafter “Other Arbitration Agreement”), the terms of the Other Arbitration Agreement shall govern and prevail in each instance.

Venue And Choice Of Law

This Privacy Policy has been made in, and shall be construed in accordance with the laws 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 that state and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

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