NEW COUNTRY MOTOR CAR GROUP
INFORMATION WE COLLECT
1. Personally Identifying Information.
We require the submission of certain personally identifiable information about you when you use the services available on our website. Our website uses a variety of contact forms and tracking phone numbers for visitors to request information, products, and services. We collect a visitor’s contact information (like his or her email address or phone number) and in some cases, demographic information (like his or her zip code). In limited circumstances, such as when a visitor fills out an online credit application, we collect unique identifiers (like a social security number), and/or financial information (like age, income level, bank account or credit card numbers). We use this information to contact our prospective customers about their requests, and to send them additional information about our products and services.
Once you have voluntarily provided personally identifiable information to us, we may associate that information with browser software known as “cookies” to help identify you. Cookies are pieces of information that may be placed on your computer or other device by a website for the purpose of facilitating and enhancing your communication and interaction with a particular website. Personally identifiable information received from you (such as IP address, phone number, email address, zip code, etc.) may be contained in or linked to a cookie.
Any financial information we collect is used to check the qualifications of our prospective customers and bill for products and services ordered. If you apply for financing or wish to purchase or lease a car from us, we may collect personal information such as your name, address, driver’s license number and state, social security number and other credit information. This information is stored in a secure database and is used solely to provide the service you requested. The collection, use and storage of your financial information for credit checks, for arranging credit and loans or for purchasing products and services may be subject to additional privacy policies and rules, and you may be notified and asked to consent to such policies at the time of any such collection, use or storage of your financial information as required by law.
Our online surveys may ask visitors for contact information (like an email address or phone number) which they may voluntarily provide. We also may run contests on our website in which we ask visitors for similar contact information in order to participate. We use contact information from our surveys and contests to send information about products and services to these participating visitors.
We will only collect your information when you voluntarily provide it to us. You can always choose not to provide certain information, but then you may not be able to take advantage of or participate in certain features of the Site.
2. Non-Personally Identifying Information.
When you visit the Site, we may also collect from you certain information that does not identify you personally, such as your IP address, the pages you visited, your browser type, information regarding Site usage, and other data, which do not identify any individual personally. When your computer or other device contacts our web servers (for example, when you visit the Site, view an HTML e-mail or download material from the Site), this web-based or browser information may be collected automatically. We also may determine the applicable technology available to provide you with the most appropriate version of a web page, e-mail or similar service.
Most browsers automatically accept cookies, but you have the option to change your browser setting to decline them. You may stop or restrict the placement of cookies on your computer or other device or remove them from your browser by adjusting your web browser preferences. If you do so, you may still use the Site, but you may not have access to certain of the Site’s features or be able to retrieve information about your previous visits to the Site.
HOW WE USE THE INFORMATION WE COLLECT
We use information you share with us to: (i) inform you about our products and services and changes affecting our products and services, which may include offers from us, our affiliated companies or manufacturers and marketing partners, (ii) deliver the products or services you request, (iii) improve and enhance the Site and (iv) better understand your preferences, and (v) aggregate your information with other analytics we obtain about you to deliver products and services of interest. Personally identifiable information will be shared with Lexus Corporate and may be used by Lexus for their own marketing purposes.
When you provide us your telephone and/or mobile telephone number, you will be required to expressly authorize us to contact you by that telephone number. If the number you provide is for a mobile telephone, you expressly authorize us to send you text messages. Please be advised that your wireless carrier may charge you for the receipt of such messages, and other charges may apply. If you do not wish to receive such messages, you should not provide us with your mobile telephone number. In addition, you may opt-out of receiving such messages by following the opt-out procedures below. In addition, we may combine information about your visits or interactions with our Site, our other websites, and our online advertising with information you have directly provided us or will provide us during the provision of our services, such as your name, address, e-mail address, telephone number, mobile telephone number and date of birth.
From time to time, we may use and share information we collect about you with third parties to show general demographic and preference information among users of the Site. In these circumstances, the shared information will neither contain nor be linked to any specific personally identifiable information. If you choose, you can opt out of this information sharing and aggregation using the procedures described in “Opting Out with Third Parties.”
Only in the following circumstances will we disclose your information to any third party who is not affiliated with, a business partner of or a sponsor of Dealer without your express consent: (i) in connection with the sale or merger of Dealer, (ii) as required by courts or administrative agencies including in response to a court order or subpoena, and (iii) to the extent required to permit us to investigate and pursue cases of suspected fraud, harassment or other violations of any law, rule or regulation, the Site rules or policies, or the rights of third parties or any other suspected conduct we deem improper.
OPTING OUT OF INFORMATION SHARING
OPTING OUT WITH THIRD PARTIES
You can elect to opt out of marketing efforts from many third party advertisers by going directly to their websites, by clicking on the Digital Advertising Alliance’s blue triangular icon located at or near the bottom of the applicable website (including the bottom of this Site page) and/or by visiting www.aboutads.info/choices/. These industry alliances make opting out of receiving Interest Based Advertising easier by providing a single location to opt out of ad- targeting from member companies. Please note that you must repeat the opt-out process to reset your preferences if you clear your browser’s cookies or use a different browser. When you opt out of Internet Based Advertising, you will also be opted out of the information sharing and aggregation described above.
Opting out does not mean that we or any third party advertisers will no longer collect information; however, so long as the opt out cookie is on your browser, it does mean that the third party advertisers from whom you have opted out will not display advertisements to you which are tailored to your apparent interests using information collected through cookies and other tracking tools facilitated by our website or the applicable third party advertiser.
The security of your information is very important to us. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect, including limiting access to the personal information contained on our servers. Only those employees who need access to your information to perform their duties are authorized to have access to your personal information. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and us, or information stored on the Site or our servers, will be completely free from unauthorized access by third parties such as hackers, and your use of the Site is at your own risk. We also recommend that you keep your information safe by, for example, memorizing your password or securing it in a safe place (separate from your account information), and logging out of your user account and closing your web browser once you leave the Site.
CALIFORNIA DO NOT TRACK DISCLOSURE
NOTICE TO CALIFORNIA RESIDENTS / YOUR CALIFORNIA PRIVACY RIGHTS
California residents are entitled to request and obtain certain information from us regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year (e.g., requests made in 2019 will receive information about 2018 information sharing activities). As set forth here, we comply with this law by offering our visitors the ability to tell us not to share their personal information with third parties for direct marketing purposes. To make such a request, please follow the instructions in the section titled “Opting Out of Information Sharing.”
LINKS TO AND FROM OTHER WEBSITES
The Site is not intended for children under the age of 13, and we do not knowingly collect personal information from children who are under the age of 13. If you are under the age of 13, please do not submit any personal information to us through the Site.
Consent to Transfer
The Site is maintained in the United States of America. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Site, participating in any of our services, and/or providing us with your information, you consent to this transfer.
ACCEPTANCE OF AND CHANGES TO THIS POLICY
New Country Motor Car Group, Inc.
358 Broadway, Suite 403
Saratoga Springs, NY 12866
ATTN: Compliance Officer
We have designed and maintained the Site with the intent of providing the best customer experience. This includes providing you with updated information. Despite our best efforts, however, it is inevitable that some inaccuracies may occasionally be present. Additionally, while some photographs of automobiles found on the website are photographs of the actual vehicles, their color and general appearance may appear differently based on your display and color settings. In addition, at times, only stock photos of vehicles are available. For this reason, you may wish to contact the store location where a vehicle is located to confirm the accuracy of the vehicle description before you visit that store location. New Country reserves the right to correct any pricing errors or an incorrect statement of accessories or features on a particular vehicle, change product pricing and specifications, as well as the terms of our guarantees and warranties without notice.
The information contained in this Site is for information purposes only and in no way constitutes an offer to buy or sell any vehicle or other products or services. The purchase of any vehicle or service shall be subject to the terms and conditions of the applicable sale, lease or retail installment contract or service repair order. The MSRPs (Manufacturer’s Suggested Retail Prices) listed in this Site exclude destination charges, government fees and dealer charges. The information on this Site is not intended to be used or relied upon by you as a substitute for the information that is available to you from your New Country dealership or vehicle manufacturer.
All vehicles advertised on this Site are subject to prior sale. Price or payments do not include applicable tax, title, capitalized cost reduction, security deposit, bank acquisition, maintenance programs, inspection, documentation, transfer, insurance or license fees, unless otherwise stated. Prices are subject to change without prior notice. Subsidized retail and lease payments, rebates, APR’s, college graduate, military, owner loyalty, competitive conquest, early termination, complimentary maintenance, and other special programs or incentives may not be available to all buyers, based upon residency and credit qualifications, and are subject to rules and regulations set forth by the respective vehicles manufacturers or distributors, may be subject to credit approval with primary lenders, and may change or expire without prior notice. New Country explicitly makes no guarantee as to the accuracy or availability of any special program or incentive offered by any other person or entity.
Ownership and Proprietary Rights
All information contained in this Site, unless otherwise stated, is owned solely and exclusively by New Country or its licensors. You acknowledge and agree that all contents and materials available on this Site are protected by copyrights, trademarks, service marks, and/or other proprietary or intellectual property rights and laws. Access to this Site is permitted only for your personal, non-commercial use and any other use is prohibited without the prior express written consent of New Country. You may not amend, copy, create derivative works from, reverse engineer, display, distribute, edit, license, modify, reproduce, rent, sell, and/or transmit any part of this Site. You may not use any meta tags or any other “hidden text” utilizing New Country ‘s name or trademarks.
NEW COUNTRY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION OR CONTENT CONTAINED IN THIS SITE FOR ANY PURPOSE WHATSOEVER. ALL INFORMATION PROVIDED ON OUR SITE IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. NEW COUNTRY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. NEW COUNTRY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, OR FOR DAMAGE RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMATION CONTAINED HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR EXCLUSIONS OR LIMITATIONS ON THE TYPES OR AMOUNT OF DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY BE RECOVERABLE, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Incentives Offered by Manufacturers
Rebates and other incentives provided by vehicle manufacturers or their respective distributors or financing companies are subject to the terms specified by such entity. These terms include, among others, the particular vehicle or trim/model eligible for the incentive, timeframe of the offer and limitations on quantities and/or combinations with other offers. Please contact your New Country dealership for details on available incentives.
Usage and Ownership of Customer Information
Links to Third Party Websites
While using this website, you may choose to link to third-party websites that are not affiliated with New Country. New Country is not responsible for the content of these third-party websites, or any subsequent links, and has no control over the contents found there. For this reason, we do not represent or warrant that the contents of any third-party website are accurate or compliant with state or federal law, or compliant with copyright or other intellectual property laws. All opinions expressed on third-party websites are not necessarily those of New Country, and New Country does not endorse the contents of these third-party websites and/or any products or services offered by the owner(s) of such sites in any way. Any reliance on the contents of a third-party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance. This may include, but is not limited to, damages that are direct, indirect, special, or consequential.
Legal Disputes and Choice of Law
DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER
CLASS ACTION WAIVER: YOU AND NEW COUNTRY AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. In addition, neither you nor New Country may participate in a class or representative action in court as a class member if the claims asserted in the litigation would fall within the scope of this arbitration agreement if asserted directly by you or New Country. To be clear, you and New Country both waive any right to participate in any class action involving disputes between us.
This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver set forth below in these Terms of Service will remain in full force and effect.
SURVIVAL: This arbitration agreement survives the termination of this Visitor Agreement between you and New Country.
JURY TRIAL WAIVER.
You and New Country expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that if for any reason the arbitration agreement contained in Section 8 is not enforced or is found inapplicable, our claims against each other will be resolved by a judge rather than a jury.
You agree to indemnify, defend, and hold harmless New Country from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys’ fees), relating to your use of the Site that leads to any claim against us by a third-party, regardless of the nature of the cause of action or claim.
Severability and Integration
Reservation of Rights
In compliance with the Children’s Online Privacy Protection Act, New Country does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors. If we determine that a user is under eighteen (18) years of age and has submitted information by way of our website without parental or legal guardian’s consent, we will immediately delete such information.
Procedure for Alleging Copyright Infringement
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the Site, please notify us by sending a notice by U.S. Mail to: New Country Motor Car Group, 358 Broadway, Suite 400, Saratoga Springs, NY 12866, Attn: Legal Department/Copyright. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the Site the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.