Privacy Policy

Last updated: June 24, 2020

BacklotCars, Inc. values the privacy of our users. We treat our user-dealers how we would want to be treated and our privacy policy reflects those values. We have developed the following comprehensive privacy policy to respect and protect our users’ data privacy rights.

Scope of Policy

This Privacy Policy explains what personal information we collect through our website www.backlotcars.com and our mobile application available on Apple's App Store and Google Play (together, the “Service”), and how we use that information.

By submitting personal information to BacklotCars, by conducting business with BacklotCars, or using the Service, you agree to the terms of this Privacy Policy and expressly consent to the collection, processing, use and disclosure of your personal information for the purposes set out in this Privacy Policy.

The Service is intended for use by an adult general audience. The Service is not directed to children under the age of 13 and we do not knowingly solicit personal information from or market to children under the age of 13. If we learn that anyone under the age of 13 has provided any personal information through the Service, we will use commercially reasonable efforts to promptly delete it.

This Privacy Policy does not apply to other companies' web sites or services or links that you may access via the Service. Information collected or received by these third parties is subject to third party privacy policies. If you are located outside the United States, please note that personal information collected via the Service may be transferred to the United States and other countries which might not provide an equivalent level of protection as the data protection laws in your own country.

Information Collection, Use and Disclosure

We track and collect general information about your visit to our website. We collect these statistics to determine the number of daily visitors to our website, the daily requests for particular files, the types of browsers our visitors use, and the visitors' domain names. We may request, store, and associate with your account the following types of specific information: your dealership name and registration number, point of contact name, street address, city, county, state, country, telephone number, mobile phone number, e-mail addresses, Internet Protocol (IP) Addresses, images of your driver's license, images of your dealer's license, and financial account information. Some of the information collected by us may be personal information.

When you use our mobile application, we may request information about your device, including device type, unique device identifiers, and mobile location data (if you have activated a mobile application with us and permitted your mobile device to transmit location data). Our mobile application may also request certain permissions for certain device functions and collect information about the device and its settings. We use mobile device data to improve our quality of service and market relevant BacklotCars products and products of our business partners. You may opt-out of our collection of location data by changing the settings on your mobile device. Keep in mind that opting out of location data may affect some of the features of our Service that require location data to work properly.

You may provide information to us directly when you respond to a survey, contact us via our website, or call us. We may ask you to provide your name, mailing address, phone number, and an email address. When you submit a message to us via our website, email, phone, text message or other method your information is stored for the purpose of providing customer support.

We collect and maintain information about you and your business when you apply for credit. The information you provide can identify you and your business and includes, but is not limited to, your name and the name of your business, email address, phone number, postal code, financial account details, and mailing address.

We use the collected information for the following general purposes:

to process your applications and related documents required to become a contracted dealer and to make a decision regarding the acceptance or rejection of your applications;

to verify the information that you provide to BacklotCars;

to verify, evaluate and/or monitor your creditworthiness;

to assist with the collection of any amounts owing by you to BacklotCars;

to contact you in response to any transactions, requests, complaints or comments you may have;

to contact you to provide you with information regarding BacklotCars’ business;

to provide advertisements to you through our website, email messages, mobile applications or other methods of communication;

to administer surveys, contests or other promotional activities or events sponsored by us, our vendors or other third party service providers;

to help us to develop, evaluate and improve our sales and marketing strategies and techniques;

to operate and improve our website;

to provide third parties with information necessary to permit that third party to conduct business with BacklotCars and/or effectively provide you with services.

to assist BacklotCars and third parties in evaluating the vehicle floor planning industry; and

to respond to legal process and reasonable inquiries from regulatory and/or investigative authorities.

Information is not shared with or sold to others for commercial purposes, except to provide the products or services you've requested, when we have your permission, or under the following circumstances:

It is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of BacklotCars’ Terms of Use, or as otherwise required by law, regulation or governmental request.

We may share and/or transfer information in the event of a potential or actual acquisition of BacklotCars or its merger with another company. If we sell substantially all of our assets or business, your personal information may be included in such a sale.

BacklotCars may use agents, service providers and contractors in order to help operate the Service and our business. BacklotCars shares credit information concerning dealer with its affiliated companies, third party auctions and certain service providers. We require agents, service providers and contractors that have access to BacklotCars user information to protect this information in a manner consistent with this Privacy Policy, and prohibit them from using the information for any purpose other than to carry out the services they are performing for the Service.

BacklotCars reserves the right to disclose personal information as obligated by law, in response to duly authorized legal process, governmental requests and as necessary to protect the rights and interests of BacklotCars and its users and customers.

Cookie Policy

Some of our website pages use a technology called "cookies." A cookie is a token that a server gives to your web browser when you access an Internet website. Cookies are capable of storing many types of data. Cookies can help provide additional functionality to the website or help us analyze site usage more accurately. Information gathered from the use of cookies may be combined with other data sources to identify you.

We use cookies for one or more of the following reasons: to personalize content, provide social media features, and/or analyze traffic to the website. We also may share information about your use of the website with our social media, advertising and analytics partners.

We do collect and allow third parties such as Google and Facebook to collect “targeted” cookies (persistent identifiers tracking users over time across different sites and services) for marketing purposes.

We may, from time to time, and subject to our Privacy Policy, use technologies similar to cookies, including web beacons, pixel tags, flash objects, location tracking and/or third-party widgets. We use this information to enhance your web or mobile experience and to allow you to share information on other platforms, including social media. Information typically sent by your web browser includes your IP address, your ISP provider, information about your operating system, information about your browser and information about your website(s) visit.

Aggregate Data and Tracking

From time to time, we may analyze browsing information and aggregate data for quality assurance, contextual advertising and other similar activities. We collect (and allow authorized third parties to collect) “targeted” cookies and URLs (persistent identifiers tracking users over time across different sites and services) for marketing purposes. Information about your online activities on this and other websites (e.g. pages viewed), may be used by BacklotCars and third parties such as advertising networks to select an advertisement to display on this Site or other websites for a product, service, or offer that matches your interests. In other words, we may engage in online behavioral or interest-based advertising. We do allow you to exercise choice regarding the collection and use of information by third parties for online behavioral advertising purposes by going to these sites to opt-out: Network Advertising Initiative (http://optout.networkadvertising.org/#) or Digital Advertising Alliance (http://youradchoices.ca/choices). Opting out means you will still receive online advertising but the advertising will not be tailored by the listed third-parties based on your online behavior or usage. If you do not want your activity on this Website to be tracked by Google Analytics, you may opt out by using this link: http://tools.google.com/dlpage/gaoptout?hl=en

“Do Not Track” Signal

The “Do Not Track” Signal is a feature that enables you to send a signal to websites, analytics companies, ad networks, plug in providers, and other web services you encounter to stop tracking your activities. We do not currently respond to a “Do Not Track” request.

Security

We take commercially reasonable technical, physical and administrative measures to protect the confidentiality, integrity and security of your personally identifiable information. Of course, we cannot guarantee the security of your personally identifiable information on the Internet. The password-protected areas of the Service and the "Request Invite" page are secured by industry standard encryption. Except where noted, the Services do not use encryption. You will know that a web page uses encryption when you see the padlock symbol or https before the URL. It is your responsibility to maintain the confidentiality of your password(s) and other user credentials. You are also required to log-in to your account after a certain period of time has elapsed to protect you against others accidentally accessing your account.

Storage

All personally identifiable information you provide to BacklotCars is secured on servers with restricted access. We reserve the right to use third party agents and service providers, who are bound by strict confidentiality guidelines, to perform storage and processing functions. We will store your personal information for as long as there is a business need for it in accordance with applicable record retention policies and a range of legal and regulatory recordkeeping requirements.

For Our Friends in California

This Privacy Notice for California Residents supplements the information contained above in our general privacy policy and applies solely to all visitors, users, and others who reside in the State of California.

Your Rights

The California Consumer Privacy Act ("CCPA") grants State of California residents the following rights, to:

Know what personal information is being collected about them;

Know whether their personal information is sold or disclosed and to whom;

Say no to the sale of their personal information;

Access their personal information;

Have their personal information deleted; and

Have the right to equal service and price, even if they exercise their privacy rights under this law.

We do not currently sell personal information to third parties. An amendment to the CCPA provides an exception to the Right to Know and Right to Delete for personal information between a business and a person who is acting as an employee, director, officer, or contractor of a company, partnership, sole proprietorship, nonprofit, or government where the information is used in the context of a business transaction. This exemption is currently set to expire on January 1, 2021. Until that date, we will not respond to requests to know or delete that meet this exemption.

For Our Friends in Nevada

Nevada law (SB 220), permits customers in Nevada to opt-out of the sale of certain kinds of personal information. A sale under Nevada law is the transfer of this personal information to third parties for monetary consideration so these third parties can then re-sell or license the sold information. We do not sell your personal information to third parties as defined in Nevada law. If you are a Nevada resident and wish to opt-out of the sale of your personal information should we change our practices in the future, you must send a request by email to legal@backlotcars.com.

Opt-Out, Changes and Questions

BacklotCars may periodically update this policy. Consequently, you should review the Policy periodically. We may also notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account or by placing a prominent notice via the Service. You should sign on to your account regularly for these and other important announcements.

If you have any questions about this Privacy Policy or its implementation, if you would like to update personal information previously submitted to BacklotCars or request to have outdated personal information removed, or withdraw consent to the use or disclosure of your personal information, you can contact us in relation to these matters at any time by:

  1. Writing to us at the following address: BacklotCars, Inc., Legal Department, 1100 Main St., Suite 1500, Kansas City, MO 64105.
  2. Sending an email to legal@backlotcars.com; or
  3. Calling our toll-free number: 855.925.2252

If you withdraw consent to use your personal information, your ability to receive the Services may be affected.