CCPA Privacy Notice for California Residents
Last Updated 8/25/21
California consumers have the following rights and choices regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Personal Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
|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. 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 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.||NO|
|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|
*Unless this website allows applicants to submit an employment application.
Personal information does not include:
- Publicly available information from government records.
- De-identified or aggregated consumer information.
- Information excluded from the CCPA’s scope, like:
- personal information covered by certain sector-specific California privacy laws, such as the California Financial Information Privacy Act (FIPA);
- personal information covered by certain sector-specific federal privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or the Driver’s Privacy Protection Act of 1994.
We obtain the categories of personal information listed above from the following categories of sources:
- 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.
- Indirectly from our clients or their agents. For example, through information we collect from our clients in the course of providing services to them.
- Directly and indirectly from activity on our website. For example, from submissions through our website portal or website usage details collected automatically.
- From third-parties that interact with us in connection with the services we perform. For example, from credit providers in conjunction with the sale or lease of a vehicle.
Use of 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 transact the sale, lease or servicing of a vehicle.
- 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.
- To improve our website and present its contents to you.
- For testing, research, analysis and product development.
- As necessary or appropriate to protect our safety, property or rights, and those of 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 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, 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 you notice.
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.
Also, you may intend to directly disclose your personal information or use it with a third party.
The kinds of disclosures discussed above are not deemed to be a “sale” of your personal information under the CCPA.
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 C: Protected classification characteristics under California or federal law.
Category D: Commercial information.
Category I: Professional or employment-related information (but only if this website allows applicants to submit an employment application).
We disclose your personal information for a business purpose to the following categories of third parties:
- Our affiliates.
- Service providers.
- Third parties authorized by you or your agents in connection with products or services we provide to you.
In the preceding twelve (12) months, we have not sold any personal information.
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 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.
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, such as its use for our business purposes or that of our service providers. 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 or limit 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.
- Audit current interactions with you on our website (such as counting ad impressions and verifying positioning and quality of ad impressions).
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products or services to identify and repair errors that impair intended functionality.
- Use personal information on a short-term, transient basis, appropriately limited (for example, the contextual customization of ads).
- Perform services such as maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services.
- Undertake internal research for technological development and demonstration purposes.
- Undertake activities to verify or maintain the quality or safety of, or upgrade or enhance, products or services.
- Conduct appropriate research.
- Exercise free speech, 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, such as that imposed by law, including the maintenance of records required by law or necessary to evidence our compliance with law.
- Share vehicle information or ownership information with our vehicle original equipment manufacturer for warranty or recall purposes.
- Fulfill the terms of a written warranty or product recall conducted in accordance with federal law.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights (i.e., Do Not Sell My Personal Information)
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
- Calling us at 800-316-6539
- Email us at Privacy@scvolkswagen.com
- Or Mailing us at:
4490 Stevens Creek Blvd, San Jose, CA 95129 Attn: CCPA
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.
- 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.
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 will 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. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. 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.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- 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.
Thank you for visiting our Stevens Creek VW website, including our mobile device-ready version. Stevens Creek VW and our affiliates (together, “Stevens Creek VW” or “we”) strive to make our website a useful tool and a rewarding experience for our customers by tailoring the content to your personal needs and interests. This way, the content of our website will be as relevant as possible for you, the customer. We hope that you find our website to be a useful part of your car-buying experience.
This policy was implemented as of September 23, 2014 and applies to information collected on this website and those of our affiliates (together, “our website” or “the website”) and covers the following areas:
- What personally identifiable information is collected by Stevens Creek VW or by any third party through our website;
- How Stevens Creek VW uses this information;
- With whom Stevens Creek VW may share this information;
- What choices are available to you as a user of our website with respect to collection, use and distribution of the information; and
- What types of security procedures are in place to protect the loss, misuse or alteration of information under our control.
1. Information Collection and Use
Stevens Creek VW collects two different types of information through our website: anonymous information and personally identifiable information.
Anonymous Information. First, we collect and store anonymous, aggregate information (such as internet protocol (IP) addresses, browser types, search engines, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks) from all visitors to our website. You may search our website for car models, prices and other information provided through our website without ever submitting your name, email address or any other personally identifiable information. The anonymous information that we do collect from your visit is never linked to any of your personally identifiable information until you voluntarily submit that personal information, in which case some otherwise anonymous information may be connected to your website activity and personal account. Otherwise, the anonymous information is only used in the aggregate to analyze trends, administer the website, diagnose any problems, track a visitor’s movement in the aggregate, and gather broad demographic information for aggregate use. We may provide this anonymous information in aggregate form to other parties or use it for our own insight or marketing purposes. Our ability to use this information is not restricted in any way.
We also use “cookies” and “image tags” to collect certain usage information from all customers and visitors to our website. A “cookie” is a small text file that a website can place on your computer’s hard drive or on your mobile device’s memory in order to collect information about your activities on our website. An “image tag,” also known as a clear GIF or web beacon, works together with cookies and is a small image file that may be located in various areas of our website. Most browsers automatically accept cookies, but you have the option to change your browser setting to decline them.
Accepting cookies in no way gives us access to your computer or any personal information about you, since cookies are not used to identify anonymous website visitors. Our cookies enable you to proceed smoothly through our website and know whether you’ve used it before, so as to eliminate some steps that apply to new visitors. Cookies also give us usage data like how often you visit, where you go on our website, and what you do while here.
Similarly, a cookie may be placed by our third-party advertising companies. These companies may use aggregated statistics about your use of our website and third party media in order to provide you with advertisements about goods and services that you may be interested in. The information they collect does not include your personal information.
The third-party advertising companies may also employ technology that is used to measure the effectiveness of ads. Any such information is anonymous. They may use this anonymous information about your visits to this and other sites in order to provide advertisements about goods and services of potential interest to you. No personal information about you is collected during this process. The information is anonymous and does not link online actions to an identifiable person.
Stevens Creek VW partners with third-party advertising company Google to collect information about how users navigate our website and we use many or all of their products to enhance our website experience. Like Stevens Creek VW, Google is very much committed to consumer protection, to maintaining the privacy of your personal information and to making ads safe, unobtrusive and relevant for you.
Google uses this information only to generate anonymous visitor profiles, which do not contain personally identifiable information. These anonymous profiles are used to provide you content specifically tailored to you. To learn more about how Google collects and manages information, or to opt out of Google’s collection of information about how you navigate our website, please go to https://www.google.com/policies/privacy/.
Among the Google products we use is Google Analytics, a web analytics service provided by Google. Information generated by cookies about your use of our website (including your shortened IP address) is transmitted to a Google server in the U.S. and stored there. Google uses this information to evaluate your use of our website, compile reports on website activity for our website operators and to provide other services related with the website and internet use. Google may also transfer this information to third parties if required by law, or where third parties process these data on behalf of Google. For more information about Google Analytics and how it collects and processes data, please go to “How Google uses data when you use our partners’ sites or apps”, located at http://www.google.com/policies/privacy/partners/. To opt out of Google Analytics, please go to https://tools.google.com/dlpage/gaoptout.
To help us manage our advertising and website, Google offers many products in addition to Google Analytics, including Google’s Analytics for Display Advertisers, AdSense, AdWords, and a range of DoubleClick-branded services. Stevens Creek VW participates in an integrated version of Google Analytics and DoubleClick products or services and/or other Google display ad products or services, known as Google Analytics for Display Advertisers. As with Google Analytics, you can learn more about Google Analytics for Display Advertisers, or you can opt out, by going to https://tools.google.com/dlpage/gaoptout.
We have or may enable interest-based advertising features, including remarketing, with Google Analytics in connection with other Google services. This kind of advertising based on consumer interests and your precise geographic location may, in addition to remarketing, include Google’s Adword product features known as: interest categories, similar audiences, other types of interest-based advertising and demographic and location targeting. DoubleClick advertising cookies or mobile advertising identifiers, associated with your use of our website, are or may be employed by us in all aspects of remarketing in online advertising.
“Remarketing” is simply a feature of interest-based advertising that lets us reach people who have previously visited our website. Remarketing helps us match interested people, like you, with a relevant message on our website or even when you search on Google using our keywords, use Google products like Gmail, or visit other websites. We gather information through cookies for remarketing, and similar audiences feature in AdWords, simply to make your visits relevant and allow us both to pick up where we left off on your last visit.
Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are not currently set up to respond to those signals.
Personally Identifiable Information. Second, we require the submission of certain personally identifiable information when you use some services available on our website. For example, your use of your user name and password allows us to identify you as our customer who is seeking information in connection with our services. 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 get in touch with our prospective customers about their requests, and to send them additional information about our products and services.
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 through our online system, 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 goes into 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 if so, you will be notified of them 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.
2. Our Use Restrictions on Your Personally Identifiable Information
Stevens Creek VW does not sell, rent, or share personally identifiable information to or with any third party not affiliated with or owned by Stevens Creek VW, except service providers who may assist us in such areas as our promotions, credit checks, data storage and order processing (See Agents and Vendors below). Stevens Creek VW will never give or sell your personally identifiable information to unaffiliated third parties to be used for the purposes of sending you unsolicited commercial offers, such as spam. We may, however, use your personal information to send you commercial offers in e-mails from Stevens Creek VW or its affiliated companies, which do not relate to the products or services you have ordered. You may altogether avoid or opt out of these marketing campaigns (see “Opting Out” below).
3. Third Party Information About You
4. Our Agents and Vendors
5. Disclosure of Personal Information As Required By Law or Otherwise
We will disclose personal information when required by law, or if we have a good-faith belief that such action is necessary to (a) comply with a current judicial proceeding, a court order or legal process served on us or to comply with the request of a law enforcement agency, (b) protect and defend our rights, or (c) protect the rights, property, and other interests of our users or others.
Stevens Creek VW takes commercially reasonable precautions to protect your personally identifiable information. For example, we encrypt communications through our website with commercial strength encryption generally used by our industry. However, given the nature of the Internet and the fact that network security measures are not perfect, we cannot guarantee the absolute security of your information. If we are required to provide notice to you of a data security breach, the notice will be provided in electronic form.
8. Your Consent and Notification of Changes
9. Opting Out
Visitors and customers have the opportunity to opt-out of receiving specific types of communications from us and our partners, such as e-mail, by not providing personally identifiable information at the point where our website requests such information about you. In addition, you may unsubscribe or opt out of all future e-mails from us, that do not relate to the products and services you have ordered, by clicking the unsubscribe link on any email marketing communication you receive.
- Calling us at 800-316-6539
- Email us at Privacy@scvolkswagen.com
- Or Mailing us at:
4490 Stevens Creek Blvd, San Jose, CA 95129 Attn: CCPA