Your Privacy Rights as a California Resident - California Consumer Privacy Act

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Policy of Trader Interactive, LLC ("Trader Interactive") and applies solely to visitors and users that are residents of the State of California. We adopt this notice to comply with the California Consumer Privacy Act of 2018, as amended ("CCPA"), and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.

Table of Contents

Notice at Collection
Information We Collect
How We Obtain Information We Collect
Use of Personal Information
Sharing Personal Information
Your Rights and Choices
Access to Specific Information and Data Portability Rights
Deletion Request Rights
Exercising Access, Data Portability, and Deletion Rights
Response Timing and Format
Non-Discrimination
Changes to Our Privacy Notice
Contact Information

Last Update: 3/25/2020

Notice at Collection

By choosing to submit your contact information on any inquiry form, you agree that Trader Interactive may also collect your Internet Protocol ("IP") address, geolocation data, and other unique online identifiers in order to track and manage your activity across our marketplace websites. You also agree that we may share any information you submit and information regarding your browsing history and activity across our websites, such as the types of vehicles you view, with the dealer or seller that is the intended recipient of your inquiry form. To learn more about the information we collect from you and how we use such information, please review the sections titled "Information We Collect" and "Use of Personal Information", below.

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household ("personal information"). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

CATEGORY

EXAMPLES

COLLECTED

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information (physical illness, mental illness or disabilities). Some Personal Information included in this category may overlap with other categories.

YES

C. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

YES

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

YES

G. Geolocation data.

Physical location or movements.

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

I. Professional or employment-related information.

Current or past job history or performance evaluations.

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

K. Inferences drawn from other Personal Information.

Profiles reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Personal information does not include:

Publicly available information from government records.
De-identified or aggregated consumer information.
Information excluded from the CCPA's scope, such as:
Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or
Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

How We Obtain Information We Collect

We obtain the categories of personal information listed above from the following categories of sources:

Directly from consumers. For example, from email provided on our website for consumers to obtain newsletters, enter sweepstakes or giveaways.
Directly and indirectly from activity on our website as listed in our Privacy Policy. For example, collecting your contact information through the submission of an inquiry or interest contact form, we may include additional usage details about you which has been collected automatically from our website. This may include information such as recent searches or previously viewed inventory pages.
Indirectly from consumers. For example, through referral links from partner sites, searches or vehicle/equipment listing views collected from consumers.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business or commercial purposes:

To fulfill or meet the reason for which the information is provided. For example, when you share your personal information to inquire about a piece of inventory;
To provide you with information, products, or services that you request from us, such as newsletters or to search our website for available inventory;
To provide you with email alerts, event registrations, and other notices concerning our products or services, or events or news, that may be of interest to you;
To improve our website and present its contents to you;
For testing, research, analysis, and development of our website and existing and new features;
As necessary or appropriate to protect our rights and property, and the rights, property, or safety of us, our clients or others;
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
As described to you in a notice presented at the moment when we collect your personal information or as otherwise set forth in the CCPA; or
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category D: Commercial information.

Category F: Internet or other similar network activity.

We disclose your personal information for a business purpose to the following categories of third parties:

Service providers; and

Third parties to whom you have authorized us to disclose your personal information via contact or inquiry form.
In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices

The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information during the twelve (12) month period preceding your request. Once we receive and confirm your request, we will disclose to you the information we are obligated to provide under the CCPA, which may include:

The categories of personal information we have collected about you;
The categories of sources from which we have collected your personal information;
Our business or commercial purpose for collecting your personal information;
The categories of third parties with whom we share your personal information;
The specific pieces of personal information we have collected about you (also called a data portability request); or
The categories of personal information we have disclosed for a business purpose, and the categories of third parties to whom we have disclosed such personal information.

Deletion Request Rights

You have the right to request that we delete some or all of your personal information that we have collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to whom we have furnished that information to also delete) your personal information from our (and their) records, unless an exception applies.

With respect to the exceptions, we may deny your deletion request if retaining the information is necessary for us or our service providers to:

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
Debug products to identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another consumer to exercise their right of free speech, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent;
Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
Comply with a legal obligation; or
Make other internal and lawful uses of your information that are compatible with the context in which you provided it to us.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by please contacting us via the "Contacts" page accessible on our website homepage.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity and authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period. If you have an account with us, we will deliver our response to your request to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding our receipt of your verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless your request is excessive, repetitive, or manifestly unfounded. If we determine that your request warrants a fee, we will explain to you how we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not, as a result of or due to you exercising any of your CCPA rights:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. The date this Privacy Notice was last updated is identified at the bottom of this page. You are responsible for periodically visiting the website and this Privacy Notice to check for any changes.

Last Update: 3/25/2020

Privacy Notice for California Residents