PROTECTION OF YOUR INFORMATION
• It is critical that you carefully review each section to ensure that it accurately and comprehensively reflects what personal information your Dealership collects, how you use it, share it and protect it, including the policies and procedures of your Dealership. Where your practices, policies and procedures do not align completely with the sample provisions, review them with your legal counsel to ensure compliance and then edit the sample language to accurately reflect your Dealership practices, policies and procedures.
Application and Scope
Definition of Personal Information
Collection and Use of Personal Information
We collect most of our information about you directly from you, with your consent when required by law. For example, when you take a test drive, online request an appointment or vehicle quote, purchase or lease a vehicle, or service your vehicle, Westcastle Motors Ltd will collect information about you. We may also conduct contests, quizzes, surveys, promotions and offer several forms of personalized services such as vehicle warranty, servicing and maintenance and OnStar services, in respect of which you may be requested to provide personal information, such as name, mailing address, telephone number, e-mail address, age and other information that may be required to provide or administer these services or promotions.
[We may also obtain personal information about you from third parties, with your consent. For example, for credit evaluation purposes, we may need to determine your creditworthiness through contact with an independent credit reporting agency.]
Westcastle Motors Ltd generally collects personal information from or about its customers and other individuals with whom it deals, and thereafter uses it, for the following purposes:
• to establish, develop and preserve its business relationship respectively with its customers and other individuals with whom it deals;
• to create, establish and administer customers’ accounts and to respond to customer or supplier inquiries;
• to provide the products or services that it offers, or receive the products or services that it requests, and ensure that all related transactions are supported and implemented;
• to authenticate the identity and preserve the privacy of customers contacting DEALER by telephone, electronic means or otherwise;
• to conduct market analysis, as well as for internal training and quality assurance purposes;
• [as necessary, to establish or verify the credit of persons that use, or intend to purchase, one or more of the products or services offered by Westcastle Motors Ltd;]
• to manage its General Motors Dealer business and ensure the efficiency, reliability and security of its systems and networks;
• to meet legal and regulatory requirements and allow Westcastle Motors Ltd to meet contractual requirements relating to the products and services provided to customers;
• to ensure its records are accurate and to protect customers and Westcastle Motors Ltd from error and fraud;
• to understand and assess the interests, wants and changing needs of customers with a view to improving its products and services and developing new ones;
• to provide personalized products and services as well as product recommendations to customers; and
subject to our customers’ Right to Withdraw Consent, to conduct surveys on the quality of our products, services or customer service or to provide our customers with offers for additional products and services that we feel may be of interest to our customers or that we believe meet our customers’ changing needs.
If you have applied for employment with DEALER, the personal information submitted with your job application will be used for recruitment and other customary human resources purposes. For example, we may send you information about new job opportunities within DEALER as well as other career development resources.
Westcastle Motors Ltd obtains consent from the individuals concerned for the collection, use or disclosure of personal information through various means: orally or through written documents, including agreements, forms including vehicle purchase/leasing forms and repair orders, welcome kits as well as printed or electronic communications. The form of consent sought by Westcastle Motors Ltd will vary according to the sensitivity of the personal information, the reasonable expectations of the individuals and any requirements or standards established by law.
In certain circumstances, personal information may be collected, used or disclosed without consent. These exceptional circumstances may include:
• where it is clearly in the interest of the individual and consent cannot be obtained in a timely way, such as in emergencies, where the life, health or safety of the individual is threatened, or where legal, medical or security reasons make it impossible or impractical to obtain consent;
• when information is being collected, used or shared for the detection, prevention of or remediation to, the breach of an agreement, fraud or other illegal activity, and the collection of consent might defeat the purpose of collecting the information;
• to collect a debt; and
• to comply with a subpoena, warrant or other court order, or as may be otherwise required or authorized by law or by any regulatory bodies having jurisdiction.
Right to Withdraw Consent
Consent may be withdrawn at any time, subject to legal or contractual restrictions and reasonable notice; however, without such consent, Westcastle Motors Ltd may be limited in the services or products it is able to provide customers. You may also withdraw your consent as follows:
• Mail marketing, Telephone marketing and Quality control communications. You may decide that you prefer Westcastle Motors Ltd not to use your personal information to promote new and/or additional products and services which may be of interest to you and refuse further Westcastle Motors Ltd contact by mail or telephone for marketing purposes or by email or telephone for quality control purposes. If this is the case, you may advise us by contacting customer service or contacting us using the information detailed in the How to Contact Us section below.
• Commercial Electronic Communications. You can always limit the communications that Westcastle Motors Ltd sends to you. To opt-out of commercial emails, simply click the link labeled “unsubscribe” or “opt-out” at the bottom of any commercial electronic communication we send you. Please note that even if you opt-out of promotional communications, we may still need to contact you with important information about your account or for other purposes as may be permitted or required under applicable laws. If you have any questions about your choices or if you need any assistance with opting-out, please contact us using the contact information detailed in the How to Contact Us section below.
Sharing of Personal Information
• Third party or affiliated service providers. We may hire service providers, which may be affiliates, to perform services on our behalf. This may include, without limitation, a person or an organization retained by Westcastle Motors Ltd to perform work on its behalf. We provide them with a limited amount of information which is necessary in order for them to provide the services required. They are prohibited from using the information for purposes other than to facilitate and carry out the services they have been engaged to provide. These service providers are not permitted to disclose this information to others.
• As permitted or required by law. From time to time, Westcastle Motors Ltd may be compelled to disclose personal information in response to a law, regulation, court order, subpoena, valid demand, search warrant, government investigation or other legally valid request or enquiry. We may also disclose information to our accountants, auditors, agents and lawyers in connection with the enforcement or protection of our legal rights. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful or to law enforcement and emergency services providers, in an emergency or where required or permitted by law. We may release certain personal information when we have reasonable grounds to believe that such release is reasonably necessary to protect the rights, property and safety of others and ourselves, in accordance with or as authorized by law.
Website Privacy [DEALER TO DETERMINE WHAT APPLIES TO DEALERSHIP ONLINE ACTIVITY]
Westcastle Motors Ltd generally collects and uses personal information from or about its website visitors and users as follows:
• Information you provide. In many cases, we collect personal information directly from you when you visit or use our website. For instance, we may collect the following types of information:
• Technical information. When you visit our website, we may use electronic means such as cookies to collect technical information. This information may include information about your visit to our website, including the IP address of your computer and which browser you used to view our website, your operating system, resolution of screen, location, language settings in browsers, the site you came from, keywords searched (if arriving from a search engine), the number of page views, information you entered, advertisements you have seen, etc. This data is used to measure and improve the effectiveness of our website or enhance the experience for our customers. For instance, it may be used to ensure that the products advertised on our website are available in your area or that we are not showing you the same ads repeatedly. We treat this information as personal information when it is associated with your account or contact information. We also collect and use the following information when you visit and/or interact with us on our website:
o Google Analytics: We use Google Analytics which allows us to see information on user website activities including, but not limited to, page views, source and time spent on our website. This information is depersonalized and is displayed as numbers, meaning that it cannot be tracked back to individuals. You may opt-out of our use of Google Analytics by visiting the Google Analytics opt-out page.
o [Google AdWords: We use Google AdWords Remarketing to advertise DEALER across the Internet and to advertise on third party websites (including Google) to previous visitors to our website. AdWords remarketing will display ads to you based on what parts of the DEALER website you have viewed by placing a cookie on your web browser. It could mean that we advertise to previous visitors who haven’t completed a task on our site or this could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. This cookie does not in any way identify you or give access to your computer or mobile device. The cookie is only used to indicate to other websites that you have visited a particular page on our website, so that they may show you ads relating to that page. If you do not wish to participate in our Google AdWords Remarketing, you can opt out by visiting Google’s Ads Preferences Manager].
o [Behavioral Advertising. DEALER does not allow third party cookies on its website for purposes of delivering third parties advertising based on preferences or interests known or inferred from the data collected for advertising purposes (often referred to as Online Behavioral Advertising or OBA).]
Personal Information Outside of Canada
In some cases, personal information that we manage may be transferred, processed and stored outside Canada, and therefore may be available to government authorities under lawful orders and laws applicable outside of Canada. Westcastle Motors Ltd will strive to protect personal information disclosed to third parties by contractual agreements requiring that those third parties adhere to confidentiality and security procedures and protections that are, at a minimum, equivalent to those employed by DEALER itself.
Security of Personal Information
We will use reasonable security measures to protect your personal information against unauthorized access. Westcastle Motors Ltd has implemented security measures that contain administrative, technical and physical controls that are designed to safeguard your personal information.
Personal information will be retained only as long as necessary for the fulfilment of the purposes for which it was collected and for which consent was received, unless otherwise required or permitted by law. Personal information that is no longer required to fulfil the identified purposes or for a purpose required or permitted by law, will be destroyed, erased or made anonymous. Westcastle Motors Ltd has developed and implemented retention procedures, and will ensure destruction of personal information in a method that prevents improper access.
Access and Correction
Westcastle Motors Ltd respects your right to access and correct your personal information. If you need assistance updating your personal information, please contact us using the contact information detailed in the How to Contact Us section below.
How to Contact Us