What Type Of Information Is Collected?
We may collect the following information through your use of the Services, including when you operate or travel in a vehicle that utilizes the Services, and otherwise with your consent and subject to the disclosures required by the use of the Services as described in the Subscription Agreement or License Agreement accompanying the Services you have selected.
(i) Personally Identifiable Information – Company may collect personally identifiable information (“PI”). PI is information that conveys sufficient information to associate that information with a given user by name. Such information may include, but is not limited to, name, phone number, home or business address, e-mail address, Services account information, social media account information and financial information. Additionally, when using Services that employ our IoT tracking technologies, we may collect information as provided in the Subscription Agreement or License Agreement for each of the Services you obtain from Company.
(ii) Non-Personally Identifiable Information – Company may collect non-personally identifiable information (“NPI”). NPI is information that does not, on its own, permit it to be associated with a specific user by name. Such information typically may include, but is not limited to, items such as IP addresses of devices from which the Services are accessed or upon which the Services are used, demographic information, location information, device information, activities related to use of the Services, website visits, search inquiries, links followed or browsing history, information from cookies, beacons or other embedded or downloaded web utilization tools and information from outside service or data providers.
(iii) Public Information – Company may collect Public Information. Public Information is information submitted by you with your intention that it be shared, and it may contain PI, NPI or both. Public Information may include but is not limited to blog posts, forum posts, social media posts, information submitted with or in response to a listing, and/or information submitted via web or mobile form for submission to an outside party. It is important to note that when originally submitted, access to Public Information may be limited to certain types or to certain groups of users depending upon the options available through the particular Service and the nature of the Service utilized; however, those users with access to the submitted information can further post or disseminate that information beyond what the user expects or intends. Care should be taken when submitting Public Information. There is no reasonable expectation of privacy once submitted since you intend for it to be publicly disclosed.
(iv) Information About the Asset Utilizing the Services – Company may collect information about the asset for which you are utilizing the Services including but not limited to the asset’s GPS location, and if the asset is a vehicle, the license plate number, vehicle identification number, mileage, oil or battery status, fuel or charging history, electrical system function, and diagnostic trouble codes.
How Is Information Collected by Company?
(i) Information Collected from the Services – The use of the Services may sometimes require collecting various information as described in any Subscription Agreement or License Agreement you enter into for the Services.
(ii) Entered Information – Either PI or NPI, or both, may be collected by Company when you fill out a form, register for an account, create a listing or are otherwise prompted by a Service or a third party linked website or service to submit information.
(iii) Posted Information – PI, NPI and Public Information, or all three, may be collected by Company when you post to blogs, forums, external sites accessed through the Services or social media services or platforms linked to the Services.
(iv) Automatically Collected Information – Various automated technologies may be used to collect information related to your internet, mobile and social media activity as it relates to interaction with the Services. For the most part, this information primarily consists of NPI; however, when combined with other information, such as entered information and/or public information, it could become PI. Automated information collection technologies may include cookies, web beacons, pixel tags and similar files and techniques. Various privacy or security features of devices or browsers allow the user to decide whether and how much information certain automated information collection technologies will be allowed to collect; in the event that such features are enabled by a user, the functionality, ease of use, or relevance of the Services may be negatively impacted or unavailable.
(v) Outside Obtained Information – PI, NPI and Public Information, or all three, may be obtained by Company from third party lead generation, data mining, marketing or customer list vendors.
How Is Collected Information Used By Company?
Some information collection and use practices are tied to the Services that Company offers. A Subscription Agreement or License Agreement accompanies each Service that utilizes the Company tracking technologies describing the purposes for which Company may use the information it collects through the Service. To stop the collection or sharing of some information, you may have to decline those Services or be willing to accept limited functionality. Your information is always subject to disclosures required by the use of the Services as described in the Subscription Agreement or License Agreement accompanying the Services you have selected.
(i) PI – PI will be used:
For the purpose identified when it is collected (such as to create an account or listing, transmit inquiries in response to listings or to contact dealers or other users, sweepstakes, promotions, contests, submissions for posting on blogs or forums, etc.);
For Company and its strategic partners and service providers to keep you posted on any product-related updates or announcements, upcoming events, updates to Company Services, promotions, contests or affiliated marketing information;
To help Company, its strategic partners and service providers create, deliver, operate or improve their products and services and the Services and for auditing and data analysis purposes; and/or
(ii) NPI – NPI is typically used to improve the Services and may further be used to customize your user experiences when using the Services. NPI may also be aggregated both internally at Company and/or in cooperation with strategic partners, service providers and other third parties, for use in developing usage and routing information for analyzing and managing internet and mobile network usage and optimization or for sales and marketing purposes. However, in addition, NPI may be used in any lawful manner and without further consent.
(iii) Public Information – Public Information is typically used for the purpose for which you submit it. However, Public Information may be used in any lawful manner and without further consent. Furthermore, as previously described, once Public Information is submitted, posted or transmitted, neither Company nor the user has control over its use.
Is Collected Information Shared With Third Parties?
(i) PI – PI may be shared:
With strategic partners who work with Company to deliver or market the Company Services and related services or items, such as cross-promotional activities, promotions, contests, user-specific content, etc. Strategic partners will only use the PI for the purposes related to the Services or Company; this information will not be provided to third parties for their unrelated marketing purposes unless agreed to by the user;
With contracted service providers to enable, support, improve and deliver the Services; this information will not be provided to third parties for their marketing purposes and service providers will be contractually obligated to protect your information using commercially reasonable methods and techniques; and/or
(ii) NPI may be shared with any third party for any lawful purpose.
(iii) Public Information may be shared with any third party for any lawful purpose.
How May I Control The Use Of My PI Or Opt-Out Of Being Contacted?
You may not opt-out of contacts related to specific submissions or inquiries by you, directly related to the establishment, management or operation of your user account (unless that user account is deleted or canceled) and/or as necessary to insure or protect the safety and security of the Services, websites, accounts, users or Company.
Information Security – PI and NPI
(i) Storage – Information stored by Company in relation to the Services is stored by Company, its strategic partners or its contracted third party service providers in facilities and on servers protected in accordance with industry standards regarding data security and protection.
(ii) Transmission – The transmission of PI by any Service utilizes industry-standard data transmission/encryption techniques or processes, such as Secure Socket Layer (SSL) encryption, or other secure data transmission technologies for internet or mobile data services. As a matter of good personal information security, users should verify that they are located on a secure transmission website and utilizing a web browser, or mobile platform/application, that supports such secure data transmissions prior to entering and submitting any sensitive PI.
(iii) User Warning – Although Company takes all commercially reasonable precautions regarding the integrity and safety of its stored data and all data transmissions, no precautions can be 100% effective in preventing breaches of data security, disclosure or the interception of transmissions and no representation or warranty to that effect is made by Company. The user should engage in good data security practices as well, such as protecting account usernames/passwords appropriately, utilizing sufficiently complex passwords and changing them periodically, completely exiting browsers used to transmit PI on devices accessible to others, routinely monitoring credit reports and other reasonable information security practices and recommendations.
Third Party Sites
The Services are intended for access and use by adults over the age of 18. Certain of the Services allow for the public posting of information in listings, forums, blogs and social media services which are accessible to anyone with access to the internet. Any access or use of the Services by anyone under the age of 18 should be under the direct supervision of a parent or legal guardian. Any transaction, submission or other interaction undertaken by anyone under the age of 18 without the direct supervision and express permission of a parent or legal guardian is null and void and strictly prohibited.
California Residents’ Privacy Rights
California Civil Code §1798.83 sets forth certain rights for users who are California residents. Once per year, free of charge, any user of the Services is entitled to request and obtain from Company any information about the personal information (if any) of the user that we disclosed to third parties for direct marketing purposes in the preceding calendar year. To the extent applicable, this information would include the types of personal information shared and the names and contact information of each third party with whom the personal information was shared. California residents should make such requests to: email@example.com.
Company Is Not A Financial Institution; Handling of Financial Information
Company does not engage in lending, exchanging, transferring, investing for others, safeguarding for others money or securities, brokering loans or servicing loans. Neither Company nor any dealer is a financial institution and they do not make credit determinations or enter into loans or other financing transactions related to a specific purchase transaction.
For the user’s benefit, Company may provide functionality to communicate necessary financial information to a dealer of Company Services in order for that dealer to transmit a credit application to a financial institution on behalf of that user. By submission of the financial information, the user consents to the transmission of that information to the dealer and subsequently to a financial institution or other financing entity for an appropriate credit determination in related to the submission by the user. The financial institution that receives the financial information is responsible for the use and security of the submitted financial information and compliance with all state and federal financial privacy laws. Any resulting financing transaction will be solely between the user and the financial institution.
Radian v1 2022-02-09