California Privacy Notice

This California Privacy Notice supplements the information contained in DealerRater.com, LLC ("DealerRater" "we" "us" or "our") general Privacy Notice ("Privacy Notice") and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). If you are a California resident, California law provides you with additional rights regarding our use of your Personal Information. We provide this notice in accordance with the California Consumer Privacy Act of 2018 and California Privacy Rights Act of 2020 (collectively the "CCPA") and any terms defined in the CCPA have the same meaning when used in this Notice. References to "Site" shall mean the DealerRater website located at www.dealerrater.com and "Services" shall refer to the services offered by DealerRater on the Site, and other services used to service our products and Services.

Information We Collect
Please see our Privacy Notice for a description of the Personal Information we collect.

In particular, we have collected the following categories of Personal Information from or about consumers within the last twelve (12) months:

Category Examples
(Including, but not limited to) or (non- exhaustive list)
Collected
(YES or NO)
A. Identifiers 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)) 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.
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). YES
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. NO
F. Internet or 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. YES
H. Sensory data Audio, electronic, visual, thermal, olfactory, or similar information. NO
I. Professional or employment-related information Current or past job history or performance evaluations. NO
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. NO
K. Inferences drawn from other personal information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO
L. Sensitive Information Government identifiers (social security, driver's license, state identification card, or passport number); Complete account access credentials (usernames, account numbers, or card numbers combined with required access/security code or password); Precise geolocation; Racial or ethnic origin; Religious or philosophical beliefs; Union membership; Genetic data; Mail, email, or text messages contents; Unique identifying biometric information; Health, sex life, or sexual orientation information. YES

We obtain the categories of Personal Information listed above:

  • Directly from our users when they submit a lead form or other web form on a DealerRater site.
  • Directly and indirectly from interaction with our website (or an affiliated site). For example, from submissions through our website portal or website usage details (including without limitation IP address, device ID, geolocation data collected automatically).
  • Directly from our clients or their agents. For example, from documents that our clients provide to us related to the services for which they engage us or from audience segments used for targeted experiences.
  • Indirectly from our clients or their agents. For example, through information we collect from our clients in the course of providing services to them.
  • From data aggregators and similar vendors.
  • From third-parties that interact with us in connection with the services we perform. For example, we may ingest audience data from third-party data providers to power targeted messaging or customized services. We may also receive aggregated vehicle sales records for analytics and other purposes.
  • From anti-fraud and other crime prevention partners.

Use of Personal Information
Please see our Privacy Notice for a description of how we use your Personal Information. Please note that Personal Information does not include the following categories:
  • Publicly available information from government records.
  • De-identified or aggregated consumer information.
  • Information excluded from the CCPA's scope, like:
  • 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;
  • 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.
Sharing Personal Information

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

  • To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in order for us to provide a lead to an OEM, car seller or other party, we will use that information and submit as indicated.
  • To provide you with information, products or services that you request from us.
  • 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 carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
  • To improve our website and present its contents to you including the powering of products and features used throughout the site.
  • To power and maintain saved user accounts.
  • For attribution purposes.
  • To send promotional materials.
  • To provide custom and/or individually-tailored website experiences.
  • To create inferred search preferences and inclination/intent to purchase certain vehicles or makes/models for improved targeting and custom experience implantation.
  • For internal operations and site optimization including product development.
  • For testing, research, analysis and product development.
  • As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
  • To enable anti-fraud and crime prevention efforts.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • 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.
  • For additional purposes more fully described in the DealerRater Privacy Policy.

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 you notice.

DISCLOSURES OF PERSONAL INFORMATION FOR A BUSINESS PURPOSE
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
A. Identifiers
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
D. Commercial information
F. Internet or similar network activity
G. Geolocation data
K. Inferences drawn from personal information
Categories of Parties to which we may Disclose Personal Information
We may disclose your personal information for a business purpose to the following categories of third parties:
Our subsidiaries, parent(s) and affiliates
Service providers (including without limitation vendors, reviews syndication partners, attribution vendors, and HR and other internal operations platform providers)
Clients and customers
Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.
In the preceding twelve (12) months we have not sold personal information.
OPTING OUT OF THE SALE AND SHARING OF PERSONAL INFORMATION
The CCPA provides consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. Please note that we may limit the information we provide you, or deny your request, if the access request for information is governed by a superseding federal regulation (ie: GLBA, FCRA, etc).
1. Access, Use Limitation, 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 over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
  • Disclose to you if we used automated decision-making technology to evaluate or create a profile of you and provide information about the logic involved in such decision-making processes, including descriptions of the likely outcome.
  • Stop using automated decision-making technology to evaluate you, create a profile of you, and make predictions about your future behavior.
  • Limit the use and disclosure of your "sensitive personal information," as that term is defined in the CCPA. At your request, we will use "sensitive personal information" only for purposes necessary to provide the Service.
2. Deletion Request Rights

You have the right to request that we delete any of your personal information that we 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 delete) your personal information from our records, unless an exception applies.

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 and/or ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 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 consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
  • Comply with applicable federal regulations with different retention, deletion, access, disclosure, or storage requirements which take precedence over state regulations.
3. Correcting Your Personal Information

You have the right to request that we correct any inaccurate Personal Information we hold about you. Upon receipt and verification of your request to correct inaccurate Personal Information, we will use commercially reasonable efforts to correct your Personal Information as directed by you, pursuant to the law and applicable regulations.

4. Exercising Access, Data Portability, Deletion, and Correction Rights

To exercise the access, use limitation, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

  • Emailing Privacy@DealerRater.com
  • Contacting us via telephone at 312.601.5000 and asking for Privacy at Customer Care
  • Mailing DealerRater at:
    DealerRater.com, LLC
    Attn: DealerRater Privacy at Customer Care
    300 S. Riverside, Suite 1000
    Chicago, IL 60606

Only you (or a person registered with the Secretary of State of your state of residence 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.
  • 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 or authority to make the request.

An "authorized agent" is a person (or a business entity registered with the California Secretary of State) that consumers have authorized to act on their behalf, or an individual granted authority under a written power of attorney issued pursuant to California Probate Code sections 4000 to 4465.

If you are an authorized agent who wishes to submit a request to know, a request to limit use, a request to delete, or a request to opt-out on behalf of another consumer, please submit to us sufficient information to allow us to verify your identity to a reasonably high degree of certainty and either:

  • Proof of authorization to submit the request, written and signed by the consumer; or
  • A power of attorney pursuant to Probate Code sections 4000 to 4465.

We may deny a request from an authorized agent who does not submit adequate proof that they have been authorized by the consumer to act on the consumer's behalf. We may also contact the consumer directly to confirm their identity and that they provided you permission to submit the request on the consumer's behalf.

5. Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we reserve the right to deliver our written response 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 (if no preference is indicated we reserve the right to contact you at our discretion). Any disclosures we provide will only cover the 12-month period preceding the receipt date of the 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 it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why 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.

California Do Not Track Disclosure.
Do Not Track ("DNT") is a privacy preference that you can set in your web browsers, which allows you to opt out of tracking by websites and online services. We do not currently support DNT browser settings and do not currently recognize or respond to DNT signals.

Changes to this Privacy Notice
We reserve the right to update and periodically amend this Privacy Notice at our discretion and at any time. If we make changes to this Privacy Notice, amendments will be posted online and the date of update will be included. Your continued use of DealerRater and its affiliated sites after any such update indicates your agreement to the same.

Contact Information
If you have any questions or comments about this California Privacy Notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California, Nevada or other state law, please do not hesitate to contact us at:
     Phone: 800.266.9455
     Email: Privacy@DealerRater.com

Finally, you may also mail us at:
     DealerRater.com LLC
     300 S. Riverside, Suite 1000
     Chicago, IL 60606

Effective Date — January 1, 2023