PERSONAL INFORMATION COLLECTION, USE, AND SHARING
Total-Western uses and shares personal information, such as your name, company name, and email address, for purposes such as processing and fulfilling your request, billing, service improvement, research, marketing, communicating with you and other general purposes.
Total-Western may also anonymize and aggregate data collected and use and disclose it for general purposes.
The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and when we store and process it in our data center. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security and do not take responsibility for any third-party actions when we have endeavored to follow generally accepted standards. In addition, we do not take responsibility for your systems, the Internet itself or any third-party networks or services used to transmit data which are outside the firewall of the data center we use to process and store your personal data.
We will retain your personal information for as long as your account is active or as needed to provide you services and for archival and marketing purposes. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Total-Western uses a technology called “cookies” to store session information. A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a web site’s computers and stored on your computer’s hard drive. We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. We use Persistent Cookies to determine from where you were referred to our site. Total-Western may set and access Total-Western cookies on your computer. Cookies are required to use certain services provided on the Total-Western website. You can remove persistent cookies by following directions provided in your Internet browser’s “help” directory. If you reject cookies, you may still use our site, but your ability to use some areas of our site could be limited.
As is true of most web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. We also gather, parse, and retain data related to the provision of our web site and related services for internal and service-related purposes.
We do link automatically collected data to personally identifiable information. IP addresses are tied to personally identifiable information to better gauge our customers’ needs and provide specific information to best serve them.
THIRD PARTY ADVERTISING
BLOGS AND COMMUNITY FORUMS
Our web site may offer publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. We may display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, please contact us.
SOCIAL MEDIA FEATURES
OTHER WEB SITES
SERVICE PROVIDERS AND SUB-PROCESSORS
Total-Western may transfer personal information to companies that help us provide our services. Transfers to subsequent third parties are covered by the provisions in this Policy regarding notice and choice and the service agreements with our customers.
Total-Western will retain personal information from our web site and that we process on behalf of our customers for as long as needed to provide services to our customers. Total-Western will also retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Total-Western does not knowingly collect, maintain, or use personal information from children under 13 years of age, and no part of our web site is directed to children under the age of 13. If you learn that your child has provided us with personal information without your consent, you may alert us at firstname.lastname@example.org. We will take steps to delete it if we learn we have collected it.
LOCATIONS WHERE PERSONAL INFORMATION IS PROCESSED
Total-Western currently operates only in the contiguous 48 United States and does not knowingly store data outside of the United States. However, your personal data may be stored and in any other country where Total-Western or its affiliates, subsidiaries, or third-party service providers maintain facilities or personnel. When you provide personal data to Total-Western, we may process and transfer your data within the United States and around the world. We follow applicable data protection laws when transferring personal data. We have taken appropriate safeguards to require that your personal data will remain protected in accordance with this Privacy Statement and the California Consumer Privacy Act (CCPA).
EXERCISING YOUR RIGHTS RELATING TO YOUR PERSONAL INFORMATION
To exercise your rights with regard to personal information collected and stored by Total-Western in connection with your use of the services made available to the public by Total-Western on the www.total-western.com website, Total-Western is the “controller” with regard to the processing of your personal information and you should contact us directly in connection with the exercise of your rights under applicable privacy laws. We try to respond to all legitimate requests within one month and will contact you if we need additional information from you to honor your request. Occasionally it may take us longer than a month, considering the complexity and number of requests we receive.
DESCRIPTION OF YOUR RIGHTS RELATING TO YOUR PERSONAL INFORMATION
You have certain rights relating to your personal information under the local data protection laws that apply to you. Depending on the applicable laws and, in particular, if you are located in California or Nevada or otherwise covered under the EU General Data Protection Regulation (GDPR), the California Consumer Privacy Act of 2018 (CCPA) or the Nevada Security and Privacy of Personal Information statute these rights may include the following, subject to the requirements and limitations of those laws:
- To access your personal information held by us (right to access).
- To rectify inaccurate personal information and, considering the purpose of processing the personal information, ensure it is complete (right to rectification).
- To erase/delete your personal information, to the extent permitted by applicable data protection laws (right to erasure; right to be forgotten).
- To restrict our processing of your personal information, to the extent permitted by law (right to restriction of processing).
- To transfer your personal information to another controller, to the extent possible (right to data portability).
- To object to any processing of your personal information carried out based on legitimate interests (right to object). Where we process your personal information for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection.
- To the extent we base the collection, processing and sharing of your personal information on your consent, to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.
- Receive a copy of your personal data in an electronic and machine-readable format.
- Not be subject to a decision based solely on automated processing, including profiling, which produces legal effects or otherwise significantly affects you (“Automated Decision-Making”). Total-Western does not perform Automated Decision-Making as part of the processing activities covered by this Privacy Statement.
- Receive the categories of sources from whom we collected your personal data.
- Opt out of marketing communications at any time by clicking on the “Unsubscribe” or “opt out” link in marketing emails we send you or by contacting us.
- Complain to a regulator or data protection authority about our collection and use of your personal data. For more information, please contact your local data protection authority.
Total-Western will not discriminate against you for exercising your rights.
If your personal data has been submitted to us by or on behalf of a Total-Western customer and you wish to exercise any rights you may have under applicable data protection laws, please inquire with the applicable customer directly.
If you are a resident of California, under the age of 18 and have registered for an account with us, you may ask us to remove content or information that you have posted to our websites. Please note that your request does not ensure complete or comprehensive removal of the content or information, because, for example, some of your content may have been reposted by another visitor to our websites.
LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION
Our legal grounds for collecting and using your personal information as described in this Privacy Statement fall into the following four categories.
Consent: In some cases, we ask you for your consent to process your personal information, such as when we need your consent for marketing purposes. You can withdraw your consent at any time, which will not affect the lawfulness of the processing before your consent was withdrawn. If you would like to withdraw your consent, you can do so by emailing email@example.com.
Legitimate Interest: We process certain data for the legitimate interests of Total-Western, our affiliates, our partners, or our customers. These legitimate interests include, for example, contacting you to provide support or sending you marketing information (subject to applicable law); detecting, preventing, and investigating illegal activities and potential security issues; and maintaining and improving the Website and mobile applications. We will rely on our legitimate interests for processing personal information only after balancing our interests and rights against the impact of the processing on individuals.
Performance of a Contract: Sometimes we process personal information to perform our obligations under an agreement with you or your employer or prospective employer.
Other Legal Bases: In some cases, we may have a legal obligation to process your personal information, such as in response to a court or regulator order. We also may need to process your personal information to protect vital interests, or to exercise, establish, or defend legal claims.
Total-Western Information Technology
C/O: Jim Puerner, Chief Technology Officer
6242 Paramount Blvd.
Long Beach, CA 90805
Effective Date: May 2021
Supplemental Privacy Notice
We use the analytics and reporting system, Foureyes®, (the “Tool”) provided by our website analytics vendor, Adpearance Holdings, LLC, a Delaware limited liability company.
When used in this Supplemental Privacy Notice (“Tool Privacy Notice”), “we,” “us,” and “our” may refer to us, Total-Western (“Dealer”), and/or Adpearance, its affiliates or subsidiaries (collectively, “Adpearance”), as applicable. This Tool Privacy Notice may be posted or displayed separately on the site or may be appended to another privacy notice or policy posted or displayed on the site (“Additional Privacy Notices”). To the extent an inconsistency or conflict arises between the terms of this Tool Privacy Notice and any Additional Privacy Notices, the terms of this Tool Privacy Notice will control with respect to the tool. However, this Tool Privacy Notice applies only with respect to the Tool, and not any other features of the site.
This Tool Privacy Notice describes how the Tool works when you visit this site and on our phone system, and how it collects, uses, and discloses your personal information. Please read this Tool Privacy Notice carefully. We may also update or modify this Tool Privacy Notice at any time by posting it to this site. Please refer to “Effective Date and Modifications” below for the effective date of this Tool Privacy Notice.
By using this site or our phone system, you consent to the collection, use and disclosure of your personal information as described herein. If you do not consent, you may opt-out of the use of the Tool (as set out below).You may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting the office of our Privacy Officer using the contact information set out below.
How the Tool Works. For each visit to the site, the Tool: (1) identifies the traffic source for the visit; and (2) issues a unique visitor ID number and visitor traffic number. As the user navigates the site, the Tool may track and store the pages visited and features used. The Tool also may collect and link information provided through forms featured on the site or during phone calls with a visitor ID number. Using local storage, the Tool may also store data in the user’s Internet browser or in a data repository on the user’s device for purposes of associating the user with his or her user profile. The Tool operates only on the site and our phone system – it does not track information regarding your use of other sites or activities on other sites.
Purpose of collection.Using the Tool, we collect personal information for purposes related to managing, marketing and developing our businesses as further described herein and including:
- establishing and managing business relations with you
- providing us with information in order to allow us to analyze usage of the site, improve the site, the Tool, and for development of new services and products;
- marketing products and services to you; and
- for other purposes related to the management of our relationship.
Adpearance further collects personal information for purposes of operating and administering the Tool for subscribers of the Tool, such as the Dealer and other third parties.
Information Collected and Usage of Information. The Tool creates a user profile including the user’s visitor ID number and any information the user directly provides through the site or other interactions with the site and/or the company associated with the site (e.g., phone calls and chats). This information may include a user’s personal information, such as name, personal phone number, home address, email address, and similar information, whether or not this information is complete or partially entered by the user. We will not ask for or knowingly associate financial information with your user profile. Unless the user provides us personal information, the information we collect using the Tool and which is associated with the user profile is limited to information automatically collected as a user browses and interacts with the site, such as the user’s browser type, available plugins, Internet service provider, Internet protocol (“IP”) address and/or mobile device ID, and pages visited, features used, and activities performed on the site. Except as otherwise expressly set forth herein, the information collected and associated with a user profile is used, maintained and disclosed in accordance with the restrictions, consents, and permissions in this Tool Privacy Notice and any Additional Privacy Notices (if any), including obligations of confidentiality and restrictions on disclosure to third parties.
You expressly acknowledge and agree that the information associated with your user profile may be used to understand and analyze the usage of the site, and for the purposes of marketing products or services to you. In particular, where it is lawful to do so (please see additional note below on Canada’s Anti-Spam Legislation), the Tool may automatically generate and send email marketing communications to you (to the extent you have provided your email address as part of your interactions with the site and/or the company associated with the site). The content of those email marketing communications may be based on the pages that you have visited and/or the features you have used on the site. To opt-out of receiving the email marketing communications generated by the Tool, please see the Opt-Out instructions below.
Third Party Disclosure.Unless required or permitted by law, the information associated with your user profile will not be used or disclosed to third parties other than for the purpose for which it was collected, without the user’s prior consent.
For purposes of clarity and in addition to any disclosure to third parties described in any Additional Privacy Notice, the information collected by the Tool and/or associated with your user profile may be disclosed by Adpearance to the following category of third parties or as otherwise authorized or required by law:
(i) OEMs: Adpearance partners with various automotive manufacturers (“OEMs”) as a part of their respective certified marketing programs and their affiliates.
(ii) Third Parties: Adpearance is party to certain agreements with third parties with whom it conducts business regarding the Tool and/or the information collected by the Tool and/or associated with your user profile. Adpearance may disclose your personal information to such third parties who may provide services that facilitate the operation of the Tool, assist us in providing an improved customer experience to you, or assist us in providing improved services to Adpearance’s customers.
Blocking and/or Disabling the Tool. The Tool gathers information about the user’s computer hardware and software configurations to identify the user each visit and associate the user with their existing user profile. Unlike a “cookie”, and except for local storage discussed below, the system does not store a file on the user’s computer; therefore, the user information gathered is not deleted when the user clears their cache and/or deletes their cookies. In order to disable the tool, see the Opt Out instructions below.
Opt-Out. The Tool’s opt-out functionality is cookie based, so for it to work for you, your browser must allow third party cookies. If you change computers or browsers or delete this cookie, we will no longer know you have opted out, so you will need to opt-out again. To opt out, Click Here. Note that opting out of cookies on the Dealer’s site will not be an opt out with respect to the Tool.
You may also opt-out of, or withdraw your consent to (where the Canadian Anti-Spam Legislation applies) receiving email marketing communications generated by the Tool by sending a request to firstname.lastname@example.org, or by clicking the unsubscribe link on any such email marketing communication you receive. Please note that clicking the unsubscribe link may only result in your no longer receiving marketing communications generated by the Tool; you may still receive other email marketing communications from the Dealer. If you opt out or withdraw consent with the Dealer or on the Dealer’s site, you will still also need to opt-out or withdraw your consent regarding the Tool as set out in this paragraph.
As noted above, the Tool may also collect and store information (including personal information) locally on your device using mechanisms such as browser web storage and application data caches. Browser web storage enables websites to store data in a browser on a device. When used in “local storage” mode, it enables data to be stored across sessions. Similarly, an application data cache is a data repository on a device. You may stop local storage from being used by modifying your Internet browser settings, but stopping local storage may result in the site having impaired or limited functionality. Furthermore, disabling local storage will not block the Tool from operating; rather, it will only prevent the Tool from collecting and storing information locally on your device. To disable the Tool, see the Opt-Out instructions above. Further, you should refer to the help provided by your Internet browser for the most up-to-date and accurate instructions on disabling local storage.
Do Not Track Signals. IF YOU DO NOT WANT THE TOOL TO GATHER INFORMATION ABOUT YOUR USER PROFILE AND SITE VISIT, NOW AND FOR FUTURE BROWSING SESSIONS,PLEASE REFER TO THE OPT-OUT PROCEDURES ABOVE /OR REFRAIN FROM USING THE SITE. WE DO NOT CURRENTLY RESPOND TO DO NOT TRACK (DNT) SIGNALS.
Accessing, Correcting, Updating Your Personal Information.You have a right to know what personal information we have about you and correct any inaccuracies. To review your information that is collected using the Tool, contact Adpearance by email at email@example.com or by regular mail addressed to Adpearance Holdings, LLC, 525 3rd Street, Suite 311, Lake Oswego, OR 97034.
Data Retention We keep information associated with your user profile for as long as we think is necessary or advisable to fulfill the purposes for which it was collected, and we reserve the right to retain it to the full extent permitted by law. If required by law, a governmental order, or similar legal process, we will disclose your information.
Children. The site is intended for adults who have reached the age of majority in their state, province or territory of residence. The site is not directed at children under age 16. We do not knowingly collect personal information from children under age 16, and if we learn that the Tool has collected information of a child under age 16, we will delete the information.
Canada’s Anti-Spam Legislation. We are committed to complying with Canada’s Anti-Spam Legislation and will only send you email marketing communications (or other commercial electronic messages, as defined in Canada’s Anti-Spam Legislation) where it is lawful to do so. If you have consented to receiving marketing materials from us, you can withdraw your consent to receiving email marketing communications generated by the Tool by sending a request to firstname.lastname@example.org, or by clicking the unsubscribe link on any such email marketing communication you receive. Please note that clicking the unsubscribe link may only result in your no longer receiving marketing communications generated by the Tool; you may still receive other email marketing communications from the company associated with the site.
European Union and United Kingdom Privacy. If the processing of your information in connection with the Tool is subject to the General Data Protection Regulation 2016/679 (“EU GDPR“) or the United Kingdom General Data Protection Regulation (“UK GDPR“) (collectively, the “GDPR“), we have additional obligations and you have additional rights under the GDPR. These rights and obligations are as follows:
We will process your personal information using the Tool in order to support our provision of services in connection with your use of the site. The lawful bases for processing your personal information may include:
- When you have given consent;
- When processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract;
- When processing is necessary to protect Appearances or our legitimate interests or that of a third party, except where such interests are overridden by your interests or fundamental rights;
- When processing is necessary for compliance with a legal obligation to which we or Adpearance are subject; and
- When processing is necessary to protect the vital interests of the data subject or of another natural person.
You have many rights with respect to our processing of your personal information. Depending upon the lawful basis of processing, you may have the right to withdraw consent or object to processing your personal information.
You have the right to be informed about your personal information and how it is being processed, to access, correct and erase personal information, to restrict further processing, to obtain and reuse your data for your own purposes across different services and to object to processing. You also have the right to lodge a complaint with the relevant EU or United Kingdom supervisory authority.
If we transfer your personal information to a recipient in a country outside the European Economic Area or the United Kingdom, we will do so in compliance with applicable laws with respect to such transfer.
Storage in the United States. The Tool is operated and controlled from offices in the United States. If you access the site from locations outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Your access to the site constitutes your agreement to our storage of your personal information within the United States. You understand that your personal information may be stored and/or processed in the United States, notably at the address indicated above, that it may be subject to the laws of the United States and that it may be accessible to tribunals, courts, law enforcement and regulatory agencies in the United States.
Effective Date and Modifications. This Tool Privacy Notice is effective on February 1, 2023. We may amend this Tool Privacy Notice from time to time. Except as otherwise required by applicable law, our only notification will consist of posting a new policy.
Supplemental California Privacy Information. We are required by law to provide California residents with certain additional information about their privacy rights under the California Consumer Privacy Act. This information is available at the following link: Click Here.
Contacting Us. If you have any questions, complaints, or comments about this Tool Privacy Notice, your information, our third-party disclosure practices or your consent choices in connection with the use of the Tool, please contact the privacy officer at email@example.com.