Effective Date:  Jan 1, 2020


Thank you for visiting our BMW OF EL CAJON website, including our mobile device-ready version. BMW OF EL CAJON and our affiliates (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.

BMW OF EL CAJON (we) respects the privacy of the information you have entrusted to us. This Privacy Policy (“Policy”) applies to both the online and offline collection of personal information by BMW OF EL CAJON. By using our website and services (collectively, the “Services”), you acknowledge you have read and understand the terms and conditions of this Policy. If you do not agree to the terms and conditions of this Policy, please do not use our Services. This Privacy Policy applies only to our website and information collected for us or by us through our website and through various features and online offerings on our website. It does not apply to any third party site or service linked to our website or recommended or referred by our website or by our staff. Further, it does not apply to any other type of online site or online service operated by BMW OF EL CAJON  its affiliates, or to any of our offline activities.

Your use of our Services is also governed by our Terms of use.

PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH MAY, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, REQUIRE YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST DEALERSHIP ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

INFORMATION COLLECTED:

We collect the following categories of information from and about you:

O Contact information, such as name, postal address, email address, and phone number.

o Information regarding your lease or finance terms and monthly payment amounts, that we may obtain from third-party sources.

o Information regarding the mileage on your vehicle, which is collected when you bring your vehicle to our dealership’s service department, or that we may obtain from third-party sources.

o Geolocation information.

o Online identifiers, such as username and IP address.

o Usage information, such as how you and your device interact with our website (e.g., the pages you visit or the search terms you enter).

Other information, such as your car preferences, or information regarding your potential trade-in vehicle, that you provide or that we may obtain from third-party sources.

COOKIES:

We, and third parties we allow, use cookies and other similar technologies. Cookies are small text files placed on your device that uniquely identify your device and which a website can transfer to a consumer’s hard drive to keep records of his or her visit to a website. We, or third parties, may use session cookies or persistent cookies. Session cookies only last for the specific duration of your visit and are deleted when you close your browser. Persistent cookies remain on your device’s hard drive until you delete them or they expire. Different cookies are used to perform different functions, which are explained below:

  • Essential. Some cookies are essential in order to enable you to move around our website and use its features, such as accessing secure areas of our website. Without these cookies, we cannot enable appropriate content based on the type of device you are using.

Analytics.   BMW OF EL CAJON  

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 BMW OF EL CAJON  

  • , 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/.

Google’s technologies and products, including AdSense, AdWords, Google Analytics, and a range of DoubleClick-branded services, also use cookies. When you visit a page that uses one of these products, various cookies may be sent to your browser.

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. BMW OF EL CAJON 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.

  • Targeted Advertising. We use cookies to compile information on our users interaction with our website. We use this information to serve ads to you off of our website.

There are several ways to manage cookies. You can control the use of cookies at the browser level, by instructing your browser to accept cookies, disable cookies or notify you when receiving a new cookie. Please note that if you reject cookies, you may still use our website, but your ability to use some features or areas of our website may be limited. Our partners, including Google, use cookies to serve ads based on your past visits to our website and to show our ads on sites across the Internet. You can opt out of Google's use of cookies by visiting Google's Ads Settings. Alternatively, we may use Google DoubleClick's remarketing pixels to participate in remarketing and create a remarketing list of potential customers (this involves adding a remarketing tag, a small snippet of code that we get from Google’s Ad Exchange, across all our website pages). In such case, instead of the previous link, you can opt out of DoubleClick's use of cookies by visiting the DoubleClick opt-out page or the Network Advertising Initiative opt-out page. Finally, you can opt out of any other third-party advertising partner's use of cookies by visiting the Network Advertising Initiative opt-out page.

USE OF INFORMATION COLLECTED

We use the information we collect from you for the following purposes:

  • To provide our Services.

o To send you marketing communications.

o To respond to your requests and inquiries.

o To improve user experiences by making our website easier to use and navigate.

o For other legitimate business purposes.


SHARING AND DISCLOSURE OF INFORMATION

We may share or disclose your information to the following categories of third parties and for the following reasons:

o To third-party service providers, agents or independent contractors who help us maintain our Services and provide other administrative services to us.

o To unaffiliated third parties whose products and/or services we believe might be of interest to you.

o We may share your personal information in the course of any reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.

o We may disclose your personal information to law enforcement, government agencies, and other related third parties, in order to comply with the law, enforce our policies, or protect our or others’ rights, property or safety.

COLLECTION AND USE OF INFORMATION FROM CHILDREN

Our Services are not intended for children. We do not knowingly collect personal information from children, and none of our Services are designed to attract children. In the event that we learn that a person under the age of 13 has provided personal information to us, we will delete such personal information as soon as possible.

OPT-OUT

We provide you the opportunity to opt-out of marketing communications by clicking the “unsubscribe” link in email communications or by contacting us using the contact information provided below. We will process your request as soon as possible in accordance with applicable law, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed.

Additionally, we may send you information regarding our Services, such as information about changes to our policies and other notices and disclosures required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature, rather than promotional.

THIRD-PARTY LINKS

Our website contains links to other sites.  is not responsible for the privacy practices or content of such other sites. If you have any questions about how these other sites use your information, you should review their policies and contact them directly.


YOUR CALIFORNIA PRIVACY RIGHTS


California Civil Code Section 1798.83 permits visitors to the Services who are California residents to request certain information, once a year, regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us an email using the contact information provided below and put “Shine the Light Request” in the subject line of your email. If you are a California resident, as of January 1, 2020 you have the following additional rights:

  • You have the right to request information about the categories and specific pieces of personal information we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the categories of third parties with whom we share such information.


  • You have the right to request information about our sale or disclosure for business purposes of your personal information to third parties.


  • You have the right to opt-out of the sale of your personal information to third parties.  From January 1, 2020, you can exercise this right through the “Do Not Sell My Personal Information” link in the footer of our website 


  • You have the right to request the deletion of your personal information. Please note that notwithstanding your request, California law permits us to retain certain categories of personal information for numerous purposes, including to complete a transaction, to perform a contract between you and BMW OF EL CAJON, and to comply with a legal obligation, such as a record retention requirement.


  • You have the right to not be discriminated against for exercising any of these rights.

If you would like to exercise one or more of the above rights, please contact us using the contact information provided below.

NOTICE REGARDING PUBLIC POSTING AREAS

Please note that any information you include in a message you post to any public posting area is available to anyone with Internet access. If you do not want people to know your email address, for example, do not include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN PUBLIC POSTING AREAS. DEALERSHIP IS NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN PUBLIC POSTING AREAS.

SECURITY


BMW OF EL CAJON  takes commercially reasonable precautions to protect your personally identifiable information. We implement reasonable security measures to ensure the security of your personal 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.


There is no 100% guarantee of security on the Internet, however. In addition, e-mail that you send us is not necessarily secure against interception. You are ultimately responsible for the security of your user name and password. If you have to write it down, please keep your user name separate from your password.


BMW OF EL CAJON  cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us

is done at your own risk. If we learn of a security system breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Services or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. We may post a notice via our website if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

INTERNATIONAL DATA TRANSFERS

BMW OF EL CAJON is based in the U.S. If you choose to provide us with information, please understand that your personal information may be transferred to the U.S. and that we may transfer that information to our affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the EU or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal information to the U.S. and other jurisdictions which may not have the same data protection laws as the EU. We put in place appropriate operational, procedural and technical measures in order to ensure the protection of your personal information. You acknowledge you understand that by providing your personal information: (i) your personal information will be used for the uses identified above in accordance with this Policy; and (ii) your personal information may be transferred to the U.S. and other jurisdictions as indicated above, in accordance with applicable law.

ASSIGNMENT

In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personal information collected via the Services.

DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE

Except where and to the extent prohibited by law, by using the Services, you and BMW OF EL CAJON agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services or the breach, enforcement, interpretation, or validity of this Policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:

BMW OF EL CAJON at 


BMW OF EL CAJON  

720 El Cajon Blvd
EL Cajon, CA 92020

Tele:  (888) 690-0685



  • You, at the address we have on file for you.

Both you and BMW OF EL CAJON that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. 

IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available, or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to [AAA - https://www.adr.org/ and JAMS https://www.jamsadr.com/] for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Policy, including any claim that all or any part of this Policy is void or voidable.

CHOICE OF LAW

This Policy has been made in and shall be construed in accordance with the laws of the State of California, without giving effect to any conflict of law principles. Any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

HOW WE RESPOND TO DO-NOT-TRACK SIGNALS

At this time our website does not recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to change this Policy from time to time. When we do, we will also revise the “Effective Date” at the top of this Policy. If we make material changes to the Policy, we will notify you by placing a prominent notice on our website and/or by sending you an email at the email address we have on file for you. We encourage you to periodically review this Policy to keep up to date on how we are handling your personal information.

CONTACT US
If you have any questions, comments or concerns about our privacy practices or this Policy, please contact us at:


BMW OF EL CAJON  

720 El Cajon Blvd
EL Cajon, CA 92020

Tele:  (888) 690-0685

Nick Berinti  nick.berinti@bmwofelcajon.com 

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