This agreement is a legally binding contract between you (“You” or “Your”) and Penske Automotive Group, its affiliates, subsidiaries and/or licensors (“We,” “Us,” or “Our”). This agreement governs Your use of Our websites operated by Us, including any site from which You access this agreement, which may include, but is not limited to, PenskeCars.com (collectively, the “Sites”). We make the content on Our Sites, including all information, documents, communications, files, text, graphics, images, video, user interfaces, visual interfaces, photographs, software, metadata, audio/visual files, and other copyrightable material owned by or licensed to Us (collectively, the “Materials”), available for Your use subject to the Terms of Use set forth below. The Terms of Use spell out what you can expect from Us and what We expect from You.
1. Acceptance of Terms of Use.
You accept and agree to all terms, conditions and notices contained or referenced on the Sites (“Terms of Use”). Please read the following Terms of Use carefully. If you do not agree to the Terms of Use, do not use Our Sites. By accessing, shopping, using, or downloading in any way, without limitation, any Materials from Our Sites, or merely browsing Our Sites, You agree to and are bound by these Terms of Use.
We reserve the right to change the Terms of Use at any time. If we modify these Terms of Use, we will update the “Date Last Modified” and such changes will be effective upon posting. If we make material changes to the Terms of Use, we will notify you by prominently posting a notice on the Sites or by sending you a notice to the e-mail address we have on file for you. If You do not agree to the new Terms of Use, then You should stop using Our Materials and service.
2. Your Account.
If You are 18 years of age or older, You may set up an account as permitted under any one of Our Sites. You will need to independently set up an account on each of Our Sites because accounts on Our different Sites are not connected. If You are under 18, you may not use Our Sites. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in Our sole discretion.
A. Secrecy Obligation.
Once you have selected or been allocated a unique username, password or other appropriate security code (“Identifiers”), it is Your responsibility to keep these Identifiers secure and confidential. In the event You are concerned that Your Identifiers are no longer secure and confidential, you should immediately notify Us by sending an e-mail to OptOutQuestions@penskeautomotive.com, whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at Our sole discretion. Without limiting the foregoing, any transactions made and accepted on the Site where your Identifiers have been used (and where you have not previously notified Us as provided herein) will be treated as valid.
B. No Transfer.
Only one account is allowed per person per Site. Your account is not transferable. Under no circumstances shall You allow or permit any other person or third party, including without limitation any person under the age of 18 to use or re-use Your account or Your Identifiers. Any person found to have violated this section will be subject to having his or her account(s) voided on all of our Sites at Our sole discretion. More importantly, any person found to have violated this section may be reported to the relevant authorities for criminal prosecution. We also reserve the right to institute civil proceedings against You and/or the offending third party(ies) for violation of the terms of this section and all damages related thereto.
3. Intellectual Property Rights.
A. Copyright Information and Personal & Non-Commercial Use Limitation.
All Materials and the compilation of all content included on Our Sites are owned or licensed by Us and protected by United States and international copyright laws. We do not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Materials subject to these Terms of Use. Unless otherwise specified, the Materials on Our Sites are for Your personal and non-commercial use. You may not sell or modify Materials or reproduce, display publicly or otherwise use the Materials in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Us. You may not provide copyrighted or other proprietary information to Us without permission from the owner of such material or rights. You are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that your copyrighted work has been copied without your authorization and is available on Our Sites in a way that may constitute copyright infringement, You may provide notice of Your claim to Our Designated Agent listed below. For your notice to be effective, it must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on this Sites;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Designated Agent:
Penske Automotive Group
Attn: Beth Johnson
2555 Telegraph Road
Bloomfield Hills, MI 48302
OptOutQuestions@penskeautomotive.com
The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on Our Sites. All other inquires to the Designated Agent will not be answered.
C. Trademarks.
All other trademarks, product names, and company names and logos appearing on the Sites are the property of their respective owners.
D. Ideas and Inventions.
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Us in connection with Your use of this Site shall become Our exclusive property. You agree that unless otherwise prohibited by law We may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to You.
4. Privacy and Protection of Personal Information.
We respect the privacy of visitors to our Sites. Please see Our Privacy Policy relating to the collection and use of Your information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which We collect, use and disclose Your personally identifiable information, is incorporated and made part of these Terms of Use. If You do not agree to each and every part of Our Privacy Policy, then You should not use the Sites or submit any personally identifiable information through Our Sites. Questions regarding privacy issues should be directed to Us via e-mail at OptOutQuestions@penskeautomotive.com.
5. Disclaimer of Warranties and Limitation of Liability.
You expressly agree that use of Our Sites, services, and Materials is at Your sole risk. Neither We nor any of Our officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from, used, transmitted or distributed by Us (collectively “Providers”), or the like, warrant that sites affiliated with Providers, including, but not limited to, Our Sites, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on Our Sites may contain inaccuracies or typographical errors. Furthermore, information You may provide to Us online may be lost or destroyed due to technical problems with Our systems that are beyond Our control. We make no warranty as to the results that may be obtained from the use of Our Sites or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Our Sites.
A. Disclaimer of Warranties.
OUR SITES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITES, SECURITY OF OUR SITES, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH OUR SITES, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON OUR SITES. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. Limitation of Liability.
WE DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITES OR ANY RELATED SERVICES. THE OPERATION OF OUR SITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE OUR SITES OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A YOU ON ANY INFORMATION OBTAINED FROM OUR SITES OR THAT RESULT FROM OUR OR OUR PROVIDERS’ MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH OUR SITES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON OUR GOODS OR SERVICES, FROM INABILITY TO USE OUR GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF OUR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. If You are dissatisfied with any portion of Our Sites, Your sole and exclusive remedy is to discontinue Your use of the Sites.
6. Third Party Links.
Our Sites may contain links to other websites and may forward users to other websites within the same Internet browser window. These websites are not under Our control, and the existence of a link on one of Our Sites does not imply any endorsement of the linked website(s) by Us or any affiliation between Us and the owners of the linked websites. We make no warranties or representations, and disclaim all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites. You agree that We have no responsibility to You with respect to such material. We encourage you to examine the privacy policies and/or terms of use policies of any third party website.
7. Online Conduct.
You agree to use Our Sites and any services provided through Our Sites only for lawful purposes. Unacceptable uses of Our Sites include, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringe the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Sites or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or (viii) stalking or harassing another; (ix) disobeying any requirements, procedures, policies or regulations of networks connected to Our Sites; (x) engaging in any other activity deemed by Us to be in conflict with the spirit or intent of Our Sites.
8. Circumvention.
You acknowledge and agree that You shall not circumvent or attempt to circumvent any of these Terms of Use or the Materials offered through Our Sites or otherwise interrupt or attempt to interrupt the operations of the Sites (collectively, a “Circumvention Act”). If We determine, in Our sole discretion, that You have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Sites, then, in such an event, We reserve the right to institute civil or criminal proceedings against You and to report You to the relevant regulatory authorities.
9. Termination.
These Terms of Use are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of Our Sites. Your access to the Sites may be terminated immediately without notice from Us if in Our sole discretion You fail to comply with any term or provision of these Terms of Use.
10. Security.
We, and Our Providers, reserve the right to monitor all network traffic to Our Sites to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to Our Sites in any fashion. Anyone using Our Sites expressly consents to such monitoring. We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of anyone posting any information, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
11. Indemnification.
You agree to defend, indemnify and hold Us and Our affiliates, subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors harmless from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) your use of the Sites or the Materials, including any data or work transmitted or received by You or any service provider; (b) Your violation of these Terms of Use; or (c) Your violation of any rights of a third party or service provider.
12. Arbitration.
Any dispute relating in any way to Your visit to any of Our Sites shall be submitted to confidential arbitration in Bloomfield Hills, MI except that, to the extent You have in any manner violated or threatened to violate Our intellectual property rights, We may seek injunctive, equitable, or other appropriate relief in any state or federal court and You consent to exclusive jurisdiction and venue in the state and federal courts in the State of Nevada. We agree that any Dispute between us shall be resolved exclusively and finally by arbitration administered by the American Arbitration Association (“AAA”), using interpretations under Nevada law, and conducted under its Commercial Arbitration Rules and in accordance with its expedited hearing procedures, except as otherwise provided below. We will agree on another arbitration forum if AAA ceases operations. The arbitration will be conducted before a single arbitrator in Bloomfield Hills, MI and will be limited solely to the Dispute between us. The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use or Privacy Policy shall be joined to an arbitration involving any other party subject to these Terms of Use or Privacy Policy, whether through class arbitration proceedings or otherwise. You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to: (i) these Terms of Use and/or Our Privacy Policy, its interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from Us; or iii) any other dispute arising out of or relating to the relationship between You and Us by way of Our Providers. Information may be obtained from the AAA online at www.adr.org, by calling 1-800-778-7879, or writing to 1633 Broadway, 10th Floor, New York, New York 10019.
13. Applicable Law/Jurisdiction.
By visiting Our Sites, even if accessed from a location outside the United States, you agree that the laws of the State of Michigan will govern these disclaimers, Terms of Use and Privacy Policy, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to Our Sites and these disclaimers, Terms of Use or Privacy Policy at any time. You hereby irrevocably and unconditionally consent to jurisdiction in the State of Michigan.
14. Waiver/Severability.
Any failure by Us to require or enforce strict performance by You of any provision of these Terms of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of Your right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Use, which shall continue to be in full force and effect.
15. Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Our Sites, Terms of Use and/or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
16. Entire Agreement.
These Terms of Use constitute the entire agreement between us with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use and/or Privacy Policy will be effective only if in writing and signed by Us.
THE SECTION TITLES IN THE TERMS OF USE ARE FOR CONVENIENCE ONLY AND HAVE NOLEGAL OR CONTRACTUAL EFFECT.
DATE LAST MODIFIED: May 24, 2012
These Terms of Use may be changed at any time.
PENSKE AUTOMOTIVE GROUP IS COMMITTED TO YOUR PRIVACY
Penske Automotive Group ("Us," "We," or "Our") values Your patronage and respects Your privacy rights. As part of the normal operation of Our services, We collect and, in some cases, may disclose information about You. This Privacy Policy describes, among other things, the types of information collected about you when you visit this website PenskeCars.com or any other websites operated by Us (collectively, the "Sites"), how your information may be used and when it may be disclosed; how you can control the use of and disclosure of your information; and how your information is protected. This Privacy Policy does not apply to any information that You may provide to third parties; for example, other sites linked to Our Website. You should contact such third parties directly to determine their respective privacy policies.
This Privacy Policy is governed by Our Terms of Use, which is incorporated herein by reference. We reserve the right to change this Privacy Policy at any time. For more information, please refer to the paragraph entitled “Changes to this Privacy Policy” detailed below. If You believe We have not adhered to this Privacy Policy or if You have any other questions regarding this Privacy Policy, please contact Us at OptOutQuestions@penskeautomotive.com.
WHAT PERSONAL INFORMATION DO WE COLLECT FROM YOU AND WHY?
We collect and maintain a variety of Personal Information about You to enable Us to provide You with the best service. "Personal Information" is information about You by which You may be identified. We currently collect Personal Information through e-mail and the various online inquiry forms on Our Website. The Personal Information we collect and maintain about you includes:
- your name,
- your email address,
- your phone number, and
- your zip code.
- Contacting You
We may use Your Personal Information to communicate with You in the event We have any questions with regard to any online inquiry You may have or if, in accord with Our Terms and Conditions, We need to contact you. We may also contact You to tell You about products and services provided by Our Partners, other affiliates and other third-party organizations. - Interactions
Each time You interact with Our Website, the details of Your interaction are collected and retained by Us. - Correspondence
We intend to retain any correspondence, including facsimiles, mail and e-mails, set to Us. We also may retain correspondence such as customer service e-mails from Us to You. We may delete such records over time.
WHAT GENERAL INFORMATION DO WE COLLECT FROM YOU AND WHY?
"General Information" is information about You or Your activities on Our Website that does not identify You personally. When You use the Internet, Your web browser or software may communicate certain information to the host websites You visit. This information may include the unique number assigned to Your server or Internet connection, the capabilities and features of Your computer, You mobile device, Your geographic location, and Your movement and activity within a particular Site. We collect the same information on all of Our Website. We use this General Information to generate statistics about visitors to Our Website. The methods used to collect this information may include:
- Use of IP Address
IP addresses are numbers that are automatically assigned to Your computer, and, if associated with other individually identifiable information, could be considered personal information. Your user IP address information is used only for Our internal tracking and marketing purposes. - Use of Cookies
Cookies are a standard technology used by commercial web services to store small pieces of information on your hard drive by sending a small string of text to your browser. They make Your use of Our Website more pleasing and efficient by "personalizing" Your user interface, for example, or identifying which parts of a site You have previously visited. They also enable Us to pre-populate, or automatically fill out, forms and schedules, or to assist You in visiting multiple pages within Our Website during the same session without having to re-enter your password multiple times. For Your convenience, We also use longer-lasting cookies to display Your email address on Our sign-in form so that You do not have to retype your email address each time You log in to Your Account on any of Our Website. Cookies enable us to tailor the information You receive and to assist our Partners by identifying You as having an Account with Us. Most web browsers automatically accept cookies, unless You have configured Yours not to accept them. In order for Us to provide You with services on Our Website, Your browser must accept cookies, as they are essential for site administration and security. We do not use cookies either to collect individually identifiable information or to collect non-individually identifiable information using a cookie that is combined with a personal identifier. - Web Beacons
Small graphic images or web programming code called web beacons (also known as “pixel tags” or “clear GIFs”) may be included on the pages of the Website and in email messages We send you. Web beacons or other similar technologies may be used for a number of purposes, such as to count visitors to the Website, monitor how You navigate the Website or to count how many particular articles or links posted on the Website were actually viewed. - Mobile Device Identifiers
Certain mobile service providers uniquely identify mobile devices and We may inadvertently capture specific mobile information if you access the Website through a mobile device. Our Website does not require or use geo-specific information from mobile devices), but We do, however, receive device IP Address information that may give a rough location of the device. - Embedded Scripts
An embedded script is programming code designed to collect information about Your use of this Website, such as the links you click on. The code is temporarily downloaded to Your computer from Our web server or a third party provider, is active only while You are connected to the Website and is deactivated or deleted once You leave the Website.
HOW WE USE YOUR INFORMATION
The information We collect is used to (i) to respond to Your inquiries; (ii) provide customer services and resolve any complaints; (iii) improve Our Website and service and resolve any technical problems; (iv) communicate with You concerning the products and services offered on the Website by Us or any of Our Partners; (v) cross-reference with other Personal Information that We have acquired about You or may acquire about You through other sources; (vi) create aggregate data; (vii) ensure compliance with the Our Terms of Use; and (viii) comply with any applicable laws and regulations. We may provide Your information to government officials and agencies as required by law, and Partners as part of business operations, transaction processing, and marketing efforts, as identified below. For purposes of this Privacy Policy, “Partner” shall mean any person or entity with whom We enter into any kind of business transaction who is under an obligation to Us to use reasonable care to keep Personal Information confidential.
DISCLOSURE OF INFORMATION WE COLLECT
Except as provided in this Privacy Policy, We will not sell, trade, or disclose to third parties any Personal Information obtained by Us through Our Website, or from Our Partners, about You. If disclosed in accordance with this Privacy Policy, we cannot control, and are not responsible for, the manner in which any of such companies and other entities use Your Personal Information. We may disclose Personal Information (i) to companies and other entities who work with Us, provide services on our behalf, or those companies necessary to fulfill Your request; (ii) to companies that help process the transactions You request; (iii) that We in good faith believe is necessary or appropriate to cooperate in investigations of fraud, intellectual property infringements or other activity that is illegal or may expose Us or You to legal liability, or to conduct investigations of violations of the Our Terms of Use; (iv) when required by law or to comply with a court order, subpoena, search warrant or other legal process; (v) to comply with legal, regulatory or administrative requirements of governmental authorities (including, without limitation, requests from the governmental agency authorities to view Your Personal Information); (vi) to protect and defend Us, Our subsidiaries and affiliates and any of their officers, directors, employees, attorneys, agents, contractors and partners, in connection with any legal action, claim or dispute; (vii) to prevent imminent physical harm; (viii) to share aggregated statistical or demographic data with Our affiliates, business partners or for public relations (this aggregated information is not tied to Personal Information); (ix) to provide data, including Personal Information about You, with Our parent, affiliates, subsidiaries and Partners; (x) to sell or otherwise provide to third parties in the event of a bankruptcy or liquidation; and (xi) to sell or otherwise provide to third parties in the event of a future merge or acquisition by another company. In the event We merge or are acquired by another company, the successor company will have access to Your Personal Information in order to continue to provide services, but would continue to be bound by this Privacy Policy unless and until it is amended as described in the subsection labeled "Changes to this Privacy Policy" below.
HOW WE PROTECT INFORMATION WE COLLECT
At times, We offer secure Web pages to collect certain kinds of user information and We store certain kinds of data in encrypted form. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on Our system. Although no computer system is completely secure, We believe the measures implemented on Our Website reduce the likelihood of security problems to a level appropriate to the type of data involved.
HOW LONG WE KEEP USER INFORMATION
We generally keep user data on Our server or in Our archives for as long as We reasonably need it. We may alter this practice according to changing requirements. For example, We may delete some data if needed to free up storage space. We may keep other data for longer periods if the law requires it. In addition, information posted in a public forum could stay in the public domain indefinitely. Data management requests are administered in an orderly manner to the extent feasible and within Our direct control. Please note that We have greater control over recently collected data than over archived data. Once data is removed from the system and archived, it may not be feasible to accommodate specific requests. In those cases, Our general data retention policy applies.
PERSONAL CHOICE IN THE DISCLOSURE OF YOUR INFORMATION
If You do not want Us to share Your Personal Information with Our Partners for marketing purposes, or if You do not want to receive certain communications and offers from Us You can “opt out” of such sharing, communications and offers by emailing Us at OptOutQuestions@penskeautomotive.com or calling Us at (248) 648-2500.
If You believe that any Personal Information collected by Us about You is not correct or has changed, please send an e-mail message to OptOutQuestions@penskeautomotive.com explaining the correction or change and providing any relevant confirmation or reference number.
SPECIAL NOTE ABOUT CHILDREN
Our Sites are targeted primarily for use by persons 18 years of age and older. We do not currently market to or create special areas for use by children. Accordingly, We do not knowingly collect age identifying information, nor do We knowingly collect any Personal Information from children under the age of 13 years. However, We hereby advise all visitors to Our site under the age of 13 not to disclose or provide any Personal Information on Our Website. In the event that We discover that a child under the age of 13 has provided Personal Information to Us, in accordance with the Children’s Online Privacy Protection Act (please see the Federal Trade Commission’s website at www.ftc.gov for more information about this Act), We will delete the child’s Personal Information from Our files to the extent technologically possible.
CHANGES TO THIS PRIVACY POLICY
By Using Our Website, You agree to this Privacy Policy. We reserve the right to change, modify or amend this Privacy Policy at any time. If we modify our Privacy Policy, we will update the “Date Last Modified” and such changes will be effective upon posting. If we make material changes to this Privacy Policy, we will notify you by posting a notice on the Website or by sending you a notice to the e-mail address we have on file for you. Any revised Privacy Policy will only apply prospectively to Personal Information collected or modified after the effective date of the revised policy.
IF YOU HAVE A PRIVACY QUESTION
If You have a privacy question about Our Website, please email: Customer Service at OptOutQuestions@penskeautomotive.com
Or call us at (248) 648-2500.
DATE LAST MODIFIED: May 24, 2012
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