DealerXT DATA USAGE POLICY

Effective June 1, 2018

DealerXT is used to document the events, Customer’s instructions, Dealer’s disclosures, and condition of the vehicle at the time of purchase and providing a copy of these items to both Dealer and Customer promptly. This aids to protect Customers and dealers in being certain of their understandings as to the matters recorded or documented by DealerXT. In exchange, DealerXT must collect, process, and maintain certain Personal and Vehicle Information. This Statement describes the information we process and collect about Customers to support the DealerXT Platform and Services. What kind of information do we collect?

As part of State and Federal legally mandated requirements, DealerXT collects, maintains, and processes the following information (“Information”):

• Customer’s Personal Information. The Customer’s name, address, driver’s license or identification number and other information contained in Customer’s driver’s license or identification card such as date of birth, and gender are collected and maintained. We also collect and maintain Customer signatures on various disclosures and documents, the customer’s email address, and their contact telephone number.
• Vehicle Information. Information about the vehicle the Customer may purchase, lease, or test drive, including its Vehicle Identification Number (VIN), mileage, and condition are collected and maintained. DealerXT may also collect information regarding the sale/lease including the sales or lease transaction amount, and other documents executed by or given to the Customer at the time of sale/lease.
• Customer’s Instructions. Customer’s instructions to the Dealer at the time of purchase of the vehicle.
• Dealer’s Information. We collect name and contact information of the Dealer and information regarding its sales persons, F&I staff, and other managers. If subscribed to, we also collect information regarding the Dealer’s staff’s training and education history of DealerXT’s training modules.
• Transaction Information. We collect information regarding the time and date of certain events during the sales process.

How do we use this information?

The Personal Information provided by Customer and Vehicle Information provided by the Dealer to DealerXT is used to document the events, Customer’s instructions, Dealer’s disclosures, and condition of the vehicle at the time of purchase, among other items. We also use the Personal and Vehicle information to aid the Dealer in complying with State and Federal legal requirements such as the Federal “Red Flags” rule. We may also use the information as follows:

• Analytics: Your Personal and your Vehicle Information may be used as part of analysis of a pattern of purchasing decisions of a community of Customers within a geographic area. The pattern of purchasing decisions includes but is not limited to analysis of what types of automobiles are in demand, such as a truck vs. a sedan, etc. We may use your Personal Information and Vehicle Information to predict purchase behavior as to brand preference, frequency of purchase, and other decisions as to vehicle purchases.
• Advertisements: Your Personal and Vehicle information may be used to direct sponsored content, products, services, and/or advertisements, tailored to your preferences or previous purchasing pattern. You have an opportunity to opt out of sharing your personal information for the purposes of use for directing advertising to you. You may uncheck the consent box on the app prior to submission of your information. If you choose to uncheck the box, your purchase process will proceed, however, your Personal Information will not be used to direct sponsored content, advertisements, products or services to you. DealerXT will still be able to use your Personal and Vehicle Information for other analytical purposes. For example, we may still use your Personal Information for statistical data analysis and market research, such as female preference for types of cars, or age group preference for types of cars. You also have an opportunity to opt out of use of your Personal Information to receive advertisements in the email that is sent to you shortly after your vehicle purchase or by contacting us as instructed below

How can I manage or delete information about me?

Because your Personal Information and Vehicle Information must be retained as part of legal requirements, this information cannot be deleted by you. However, you may choose to opt out of receiving electronic notices, announcements, your electronic information, advertisements and promotions. You may do so in the email that is sent to you, or email us with a request to opt out as instructed below. How do we respond to legal requests?

We access, preserve and share your information with regulators, law enforcement or others:

• In response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so.
• When we have a good-faith belief it is necessary to: detect, prevent and address fraud, unauthorized use of the Products, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Products), you or others, including as part of investigations or regulatory inquiries. For example, if relevant, we provide information to and receive information from third-party partners about the reliability of your account to prevent fraud, abuse and other harmful activity on and off our Products.

Information we receive about you can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation, or investigations of possible violations of our terms or policies, or otherwise to prevent harm. How will we notify you of changes to this policy?

We’ll notify you through the email you have provided when we make changes to this policy. How to contact DealerXT with questions?

You can contact us by email at: support@dealerxt.com. Please use the subject “Data Usage Question”

ELECTRONIC SIGNATURE (E-SIGN) AND UNIFORM ELECTRONIC TRANSACTIONS ACT (UETA) DISCLOSURE

Electronic Delivery of Communications
Customer and Dealer agree and consent to receive electronically all communications, agreements, notices, documents and disclosures relating to the any agreement signed between the Dealer and Customer, these Terms and Conditions, and Customer’s and Dealer’s use of the DealerXT Platform (collectively, “Communications”). Communications include agreements Customer has agreed to (for example, and not by way of limitation, these Terms & Conditions and DealerXT’s Data Policy), including updates to these agreements or policies; any disclosures; transaction receipts or confirmations; statements, photos, and transaction history; and any other transaction information or other information related to any agreements between Customer and Dealer.

DealerXT will provide Communications to Customer by emailing them at the email address designated by the Customer or by their mailing address on their driver’s license number. DealerXT will provide Communications to the Dealer either by emailing them to the Dealer, mailing them to Dealer’s address, or posting them on the web site in their account.

How to Withdraw Your Consent
You have the right to withdraw Your consent at any time. To withdraw consent, You may send a written request by regular mail to DealerXT at 1 Almaden Blvd, Suite 810, San Jose, Ca. 95113. Customers may also withdraw consent by clicking on “unsubscribe” in the first email sent to them.

Requesting Paper Copies of Electronic Communications
If, after You consent to receive Communications electronically, You would like a paper copy of a Communication DealerXT previously sent You, You may request a copy within one hundred eighty (180) days of the date DealerXT provided the Communication to You by contacting DealerXT as described above. DealerXT will send Your paper copy to You by U.S. mail. In order for DealerXT to send paper copies to You, You must have a current street address on file with DealerXT as Your primary mailing address. If You request paper copies, You understand and agree that DealerXT may charge You a Paper Communications Fee for each Communication at the current rate, which shall not be less than $25.00 USD. 

Updating Your Contact Information
You are responsible for keeping Your primary email address on file with DealerXT up to date so that DealerXT can communicate with You electronically. A Customer made do so by sending a written request by regular mail to DealerXT at 1 Almaden Blvd, Suite 810, San Jose, Ca. 95113. You understand and agree that if DealerXT sends You an electronic Communication but You do not receive it because Your primary email address on file is incorrect, out of date, blocked by Your Internet service provider, or You are otherwise unable to receive electronic Communications, DealerXT still will be deemed to have provided the Communication to You.

If You use a spam filter or other technology that blocks or re-routes emails from senders not listed in Your email address book, You must add DealerXT to Your email address book so that You will be able to receive the Communications DealerXT sends to You.

A Dealer can update their primary email address through the DealerXT web site at www.dealerxt.com. A Dealer can update their street address at any time by sending the updated information to DealerXT (a) by regular mail to 1 Almaden Blvd, Suite 810, San Jose, Ca. 95113. If a Dealer withdraws consent to have Communications be received electronically, DealerXT reserves the right to discontinue Dealer’s access to the Website, terminate any and all agreements with You, and/or deem any and all of Your accounts with DealerXT as “inactive.”