Effective Date: February 1st, 2017
USER CONSENT AND INCORPORATION
In order to participate in Test Drive services, we collect Personally Identifiable Information that you submit to us through the Service. We also collect Non-Personally Identifiable Information automatically when you use the Service.
“Personally Identifiable Information” is information associated with or that may be used to identify or contact a specific person. Personally Identifiable Information includes: (1) contact data (name, address, city, state, zip code, email address and telephone number); (2) demographic data (age range, gender, and birth month); (3) driver”s license information (photographic image, driver’s license number, date of birth, biometric data); and (4) geolocation data, including the starting address, driving route, and ending address of your Test Drive.
“Non-Personally Identifiable Information” is information that, by itself, does not identify the individual, such as the operating system you are using, IP address, browser type and related browser data, mobile carrier, device and application IDs, cookie information, information regarding your use of the Service, and the vehicles you viewed, requested or drove in connection with a Test Drive.
HOW INFORMATION IS COLLECTED
Information You Provide To Us
We collect information that you provide to us when you use the Service. The information that we collect and how we process it depends on how you use the Service. We may collect Personally Identifiable Information when you participate in certain activities on the Service or request certain services, including:
Information We Collect Automatically
We also collect certain information from users of the Service automatically when they visit. We may collect such information in the following ways:
We automatically receive your location when you use the Service. We use various technologies to determine location, such as location services of the applicable operating system or browser and sensor data from your device that may, for example, provide information on nearby Wi-Fi- access points and cell towers. For purposes of the Test Drive, we also track the trip and retain the information collected.
Whenever you open and use/interact with the Application on your mobile device, we use the location information from your mobile device or browser (e.g., latitude and longitude) to tailor the content of the Application to your current location (i.e., to determine the local Hyundai dealers available for a Test Drive). Also, the Application uses your mobile device’s ‘background location’ to provide the services, including to send you notifications. If you have ‘background location’ turned on, the Application will, from time to time, tell us about your device’s location even if you are not directly interacting with the Application.
Information We Obtain From Other Sources
Hyundai may also obtain information about you and the vehicle you test drive in a number of other ways. For example, we may obtain information about you or the vehicle when you provide it to us at an event such as an auto show, from business reply cards, sweepstakes entries, test-drive incentive applications, surveys, vehicle sales records and other public sources.
In addition, Hyundai authorized dealers (which are all independently owned and operated) and other sources that provide lists of potential vehicle purchasers or current owners may provide to us the information they have regarding your Test Drive. We use this information to serve your needs through better customer service and to advise you of our products and services.
Finally, we receive and store information from third parties that interact in some way with the Service or that provide services to us in connection with the Service, including through services, websites and applications offered by third party developers that are integrated through an application programming interface (“API”) or software development kit (“SDK”) into our Service. For example, if you contact the customer service support through the Service, the customer support processor may tell us information about your request, such as the request and the time that the request was made.
HOW WE USE INFORMATION
We may use your information individually or combine it with other information to generate aggregate statistical information. The primary uses of your information include:
By providing your email address to us, you expressly consent to receive emails from us, where permitted by law. We may use email to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us or our partners. You may opt-out of these email communications as set forth below in the opt-out section.
HOW WE MAY SHARE INFORMATION WITH THIRD PARTIES
Third Party Service Providers, Affiliates and Marketing Partners.
Hyundai may share Personally Identifiable Information and Non-Personally Identifiable Information with third parties including our service providers, affiliates, authorized dealers, licensees, suppliers and marketing partners (including, without limitation, Innocean Worldwide Americas, LLC) so that they can provide services in connection with the Service. In addition, your data may be used by our suppliers to provide services for Hyundai and by our business partners to conduct joint marketing programs with Hyundai.
For Audit and Legal Purposes.
We may disclose any Personally Identifiable Information or Non-Personally Identifiable Information collected to any person performing audit, legal, operational or other similar services for us. We may also disclose any Personally Identifiable Information or Non-Personally Identifiable Information when required to do so by subpoena, court order, or warrant. We will also disclose any Personally Identifiable Information or Non-Personally Identifiable Information deemed necessary to protect the safety of an individual, the public, or the security and reliability of us and the Service.
Other Third Parties.
You should be aware that if you voluntarily disclose information, personal or otherwise, through the Application’s messaging functionality or otherwise online in any community area, that information can be collected and used by others. Accordingly, you should use caution when sharing any Personally Identifiable Information with others in any community area or messaging functionality.
Changes in Corporate Structure.
In developing our business, we might sell certain assets, or the company, or parts of it, may be sold, merged or otherwise transferred. In such transactions, user information, whether Personally Identifiable Information or otherwise, may be one of the transferred assets.
With Your Consent.
Other than the cases above, we won’t disclose your Personally Identifiable Information for any purpose unless you consent to it in some way, including by your continued use of the Service after notice.
THE SECURITY OF YOUR INFORMATION
We use industry standard security policies, procedures and tools designed to safeguard data submitted through the Service against accidental or intentional loss, theft, unauthorized access, destruction, use, modification and disclosure. However, the security of information transmitted through the Internet can never be guaranteed. We are not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. Users of the Service are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of any of the Service. In order to protect you and your data, we may suspend your use of the Service, without notice, pending an investigation, if any breach of security is suspected. Access to and use of password protected and/or secure areas of the Service are restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
YOUR INFORMATION CHOICES
If you register for an account through the Hyundai Drive Application, you can access and update certain information we have relating to your online account by signing into your account and going to the “Account Settings” section of the Application. You may also update or delete your contact information by emailing us at firstname.lastname@example.org, by calling (800) 633-5151 or by writing us directly at: Hyundai Motor America Consumer Affairs, P.O. Box 92728, Fountain Valley, CA 92728-0850.
YOUR CALIFORNIA PRIVACY RIGHTS
Under California Civil Code Section 1798.83, also known as Senate Bill 27, or “Shine the Light” law California residents with whom we have an established business relationship are entitled to request and receive, free of charge, once per calendar year, a copy of Hyundai’s California Information Sharing Disclosure Notice about the customer information we shared, if any, with other businesses for their own direct marketing uses in the previous calendar year. You may call (800) 633-5151 or email us at email@example.com to request a copy. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” law requirements and only information on covered sharing will be included in our response.
We do not knowingly collect or maintain Personally Identifiable Information from any person under the age of thirteen (13) as they are not of driving age. No parts of our Service are directed to or designed to attract anyone under the age of thirteen (13).
DO NOT TRACK
The Service does not support Do Not Track at this time. Do Not Track (DNT) is a privacy preference that you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For all the details, including how to turn on Do Not Track, visit donottrack.us.
CLASS ACTION WAIVER
You may only resolve disputes with us on an individual basis and may not bring and expressly waive bringing a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
All matters relating to the Service are governed by the laws of the State of California in the United States irrespective of its conflicts of laws provisions. In the event that Hyundai wishes to pursue legal action against you, it may bring such legal action in any federal or state court having jurisdiction. Lawsuits against Hyundai must be brought in federal or state court in Orange County, California.
HOW TO CONTACT US WITH QUESTIONS