Effective Date: 1/1/2020
General Overview and Scope:
Notice of Arbitration
PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, REQUIRES, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST DEALERSHIP 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.
We collect the following categories of information from and about you:
Personally Identifiable Information:
- Contact information, such as name, postal address, email address, phone number.
- Information regarding your lease or finance term and monthly payment amounts, that we may obtain from third-party sources.
Non-personally Identifiable Information:
- Online identifiers, such as username and IP address.
- Usage information, such as how you and your device interact with our website (e.g., the pages you visit, the search terms you enter).
- Other information, such as your car preferences, or information regarding your potential trade-in vehicle, that you provide or that we may obtain from third-party sources.
- Information regarding the mileage on your vehicle, which is collected when you bring your vehicle to our DEALERSHIP’s service department or that we may obtain from third-party sources.
- Geolocation information.
Non-Personally Identifiable Data:
Anytime you visit our website, we may gather certain non-personally identifiable information regarding the means you use to access our site. 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 site. We use this information to help diagnose problems with our server, administer the website, and compile broad statistical data. In addition, we gather certain navigational information about where you go on our websites. This information enables us to determine which areas of the website 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:
Any information you provide to us (i.e. name, e-mail address, etc.) when you enroll in one of our E-Mail Reminder Services, request information, or use any of the other interactive portions of our website, is securely maintained on our Web server and internal systems. This information may be used to provide you with information you’ve requested about our company, our products and our services, or to provide you with special notices. You may opt out of receiving future communications at any time (see opt-out Procedures below). This data may also be used to tailor your experience on our sites by providing content that is relevant to your interests and geographic region.
Information Collected from Other Sources:
Cookies and Our Use of Your Cookies
- 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 of device you are using.
Disclosure and Use of Information Collected:
We understand the importance of your privacy. We collect and maintain the personal information of our consumers for our use. We may use the information we collect from you for the following purposes:
- To provide our services.
- To send you marketing communications (should you consent to such 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
We do not sell, rent, or trade consumer information to third parties, other than as described below, and never without your consent. Third parties may collect personally identifiable information about your online activities over time and across different websites when you use this website.
With your consent, 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 to us.
- To unaffiliated third parties whose products and/or services we believe might be of interest to you.
- 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 of 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.
Your Rights Under The California Consumer Privacy Act (For CA Residents Only)
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 or go to KenGarff.com/opt-out/ca.
- If you are a California resident, as of January 1, 2020, 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. [EITHER: From January 1, 2020, you can exercise this right through the “Do Not Sell My NPI” link in the footer of our website;
- 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.
If you would like to exercise one or more of the above rights, please contact us using the contact information provided below.
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
DEALERSHIP may partner with select retailers and other companies at various times to provide expanded services to our site visitors. As part of such a relationship, we may share with these companies the use of certain interactive website functions (i.e. the E-Mail Reminder Service). Information provided by site visitors through the use of such interactive functions may be available to both our DEALERSHIP and our partners.
DEALERSHIP may use other companies and individuals to perform certain functions on our behalf. Examples include administering e-mail services and running special promotions. Such parties only have access to the personal information needed to perform these functions and may not use or store the information for any other purpose. Subscribers or site visitors will never receive unsolicited e-mail messages from agents working on our behalf.
Business Transfers and Assignment:
In the event that DEALERSHIP sells or transfers a particular portion or all of its business assets, or in the event of a merger, consumer information may be one of the business assets transferred as part of the transaction. You hereby grant us the right to assign the personal information collected via the Services.
Accessing Our Website from Outside of the United States:
DEALERSHIP is based in the U.S. If you are visiting our website from a location outside of the U.S., your connection will be through and to servers located 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 which 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.
External Third-Party Links:
Our website contain links to other sites. DEALERSHIP is not responsible for the privacy practices or the content of such website. To help ensure the protection of your privacy, we recommend that you review the privacy policies of any site you visit website and contact them directly.
The personal data record created through your registration with our website 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.
Notice Regarding Public Forums:
Our website may make chat rooms, forums, message boards, and/or news groups available to its users at various times. Please remember that, unless otherwise stated, any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information in these 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. DEALERSHIP IS NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN PUBLIC POSTING AREAS.
You may always opt-out of receiving future communications from our DEALERSHIP. Our sites allow users to opt-out of receiving such communications at the point where personal information is requested, or through other means as identified. 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 is processed. 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.
For more information or to opt-out of communications from our DEALERSHIP now, you may go to: https://www.kengarff.com/opt-out/
Browser-Based Do Not Track:
Some browsers incorporate a “Do Not Track” (DNT) feature that, when turned on, signals to websites and online services that you do not want to be tracked. Because there is not yet an accepted standard for how to respond to a DNT signal, we do not currently respond to DNT signals on this website or on websites where we provide advertisements, content, or other services.
Dispute Resolution and Agreement to Arbitrate
Except where and to the extent prohibited by law, by using the Services, 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 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 thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:
- Us, at Ken Garff Automotive, LLC
111 E. Broadway, Suite 900
Salt Lake City, UT 8411; or
- You, at the address we have on file for you.
Both you and DEALERSHIP agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any arbitration 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, CONSOLIDATED, OR REPRESENTATIVE 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, 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 Policy, including any claim that all or any part of this Policy is void or voidable.