Effective Date: November 1, 2020
- Information We Collect About You
- Information You Provide
- Automated Collection of Data
- Cookies and Other Technologies
- Google Analytics
- Third Party Sources
- How We Use Your Information
- Dealers, Sellers and Other Third Parties
- Social Media Widgets
- Information Sharing
- Your Choices
- Notice to California Residents
- How We Protect Personal Information
- Privacy of Children
- How to Contact Us
Information We Collect About You
The types of information we collect about you depends on your use of our products, services, website and the ways that you interact with us. Specifically, we gather information from your usage of the Modal “Buy Car” button or other Modal functionality on a dealer website and/or dealer mobile app, including information you may input at the point of registration or at the point of purchase of a product or service.
Information You Provide
We may collect information that you choose to provide using a Modal functionality on a dealer website and/or the Modal Website. For example, when you:
- register for one of our products or services. This information may include your name, address, telephone number, email address, Social Security Number, employment information and credit information;
- purchase one of our products or services on a dealer website and/or dealer mobile app using the Modal “Buy Car” button or other Modal functionality;
- upload pictures of a vehicle you would like to trade-in;
- contribute in chats or other interactive user sessions;
- upload a picture of your picture ID or state driver license;
- apply for credit with a dealer or one of their finance partners; and
- provide feedback or subscribe to receive newsletters or marketing e-mails from us.
Automated Collection of Data
Information regarding your use of the Modal Website may be collected automatically. This automatically collected information may include:
- your IP address, your browser-type and the type of operating system you use;
- your activities while using the Modal Website, the pages you visit on the Modal Website, the time and date you access the Modal Website, the time you spend on portions of the Modal Website and if you linked from another website, the address of the linked website;
- your ISP or mobile carrier, and the type of handheld or mobile device that you used.
Cookies and Other Technologies.
“Cookies” are small alphanumeric identifiers sent from a web server that are stored on your device for the purpose of identifying your browser or storing information or settings in your browser. “Local shared objects,” sometimes known as Flash cookies or Flash LSOs, are used to store your website preferences and to personalize your visit to the Modal Website. Flash LSOs are distinct from browser cookies because of the amount and type of data stored. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, are tiny graphics with a unique identifier, similar in function to cookies. Web beacons are embedded invisibly on web and application pages. We may use web beacons in connection with our Modal Website and services to, among other things, track the activities of website visitors and application users, help us manage content, and compile statistics about website usage, and link web pages to web servers and their cookies.
One or more of these technologies may be used on the Modal Website, or by third parties in accordance with their own privacy policies to transmit information to you or about you and connect information about you from different sources, websites, devices, and mobile applications.
Third Party Sources
We may collect information from third parties, such as dealers, sellers, manufacturers, certain government agencies, credit reporting agencies, vehicle history services, insurance companies, and other data sources. We may add information that you provide to us with information we receive from other sources, as well as with other information that is automatically collected. The combined information may include information about your use of a Modal functionality, the Modal Website, and/or your use of dealer or seller websites, devices and mobile applications.
How We Use Your Information
We may use the information we collect to:
- operate our online products and services, including the management of your user information;
- provide customer and technical support;
- communicate with you about your purchase of products or services;
- perform data analytics and trend analysis;
- evaluate and improve our business, including developing new products and services and analyzing the effectiveness of products, services, applications and websites;
- protect against fraud; and
Further, we may also combine information that we have about you. For example, we may combine:
- Information we obtain through automated means with information you provide to us; and
- Information we may receive from a third-party with information we have collected from you.
Dealers, Sellers and Other Third Parties
We may share certain information about you, including personal information, with dealers, sellers and other third parties such as manufacturers, as well as their agents and third party service providers, who will use that information in accordance with their own privacy policies. By way of example, we may provide dealers, sellers and other third parties, such as manufacturers, their agents or third party service providers with information about you when you access the Modal branded and/or Modal functionality found on their websites or other third party websites. Further, we may provide dealers, sellers, third party providers and/or manufacturers with information about you if you are interested in purchasing certified pre-owned vehicles.
Social Media Widgets
We do not sell or otherwise share information about you that we collect or receive, except as described below:
- We may share information if we believe we are required to do so to establish, exercise or defend our legal rights or for the purpose of investigating suspected or actual illegal activity or fraud. For example, we may share information in response to a subpoena, court order or in response to requests by a government agency or investigatory body.
- We may share information with any successor to all or part of our business. We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation);
- Certain information about you, including personal information may be shared with dealers and manufacturers, and/or their agents and third party service providers to provide you with the products or services you require, and who will use that information in accordance with their own privacy policies. For example, we may provide dealer, manufacturers, their agents or third party service providers, with information about you if you are buying certified pre-owned vehicles.
We may collect the following categories of your personal information for business and operational purposes, such as data security, product improvement, customer service, debugging, fulfillment, marketing, analytics, and servicing and maintaining accounts:
- Commercial information;
- Online activities;
- Geolocation data;
- Records of your interactions with us;
- Professional information;
- Education information;
- Demographics; and
In the event that you apply for credit by filling out a credit application through the Modal functionality on a dealer website, through a dealer, or any third party, you will be required to provide certain personal information to finish the application. This information may include: your address, credit information and history, social security number, employment information and history, financial and other information. We may share your application information with the dealership(s) you selected and/or our financial partners to process your application and use it in accordance with their own privacy policies. Your personal information will not be used for interest based advertising by us.
You are entitled to make certain choices in connection with the personal information we may have about you, including:
- Choosing not to provide personal information, even though it may impact your ability to register, receive or use a particular product or service.
- Choosing to uninstall the Modal mobile app, if applicable, which stops the collection of all information automatically. You may use the standard uninstall process on your mobile device.
- You have several options available with regard to your usage of Cookies and Other Technologies. The majority of web browsers automatically accept cookies, but you may generally modify your browser’s setting to decline cookies. You may also deactivate certain web beacons by rejecting their associated cookies and disabling or deleting similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or opting out. Certain features of the Modal Website may not function properly or at all as a result of the above disabling actions.
Notice to California Residents
Your Rights and Choices
The CCPA provides California residents with specific rights regarding their personal information. Below is a description of your CCPA rights and an explanation of how to exercise those rights:
Access to Specific Information
California residents have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once you submit and we confirm your verifiable consumer request, we will relay to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- The business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
California Civil Code Section 1798.83 entitles California users to request information concerning whether a business has disclosed certain information about you to any third parties for the third parties’ direct marketing purposes. California users who wish to request further information in compliance with this law or have questions or concerns about our privacy practices may contact us at firstname.lastname@example.org.
California residents have the right to request that we delete any of your personal information that we collected about you and retained, subject to certain exceptions in the CCPA. Once we receive and confirm your verifiable consumer request, we will delete your personal information from our records, unless an exception applies, and we will direct our service providers to similarly delete your personal information from their records.
Right to Opt-Out of Sales
California residents have the right to opt-out of our sale of your personal information. To the extent that we sell your personal information, as the term “sell” is defined under the CCPA, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out by sending an e-mail to email@example.com.
Verifiable Consumer Request: How to Exercise Your Rights
To exercise the access, data portability, and deletion rights described above, please submit a “verifiable consumer request” (defined below) to us by either:
- Calling us at (866) 200-6766 ext. 2; or
- E-mailing your verifiable consumer request to firstname.lastname@example.org.
Only you or someone you authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
A verifiable consumer request must:
- Provide enough information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
- Describe your request with enough detail that allows us to properly understand, evaluate, and respond to it.
You may only make a verifiable consumer request for access or data portability twice within a twelve (12) month period. We will not be able to respond to your request or provide you with your personal information if we cannot verify your identity or ability to make the request and confirm the personal information that you are requesting relates to you. Sending a verifiable consumer request does not require you to create a user account. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity and/or ability to make the request.
We will not discriminate against you for exercising any of your CCPA rights. We will not deny you goods or services, charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, provide you a different level or quality of goods or services, or suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Do Not Track
There is currently no commonly accepted response for Do Not Track signals initiated by browsers, therefore we do not respond to them.
Address: Drive Motors, Inc. d/b/a Modal
235 Pine Street #850, San Francisco, CA 94104
How We Protect Personal Information
We maintain administrative, technical and physical safeguards designed to protect personal information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. Despite these protective measures, we cannot guarantee perfect security of networks, servers and databases we operate or that are operated on our behalf.
Privacy of Children
The Modal Website products and services are not directed to children under the age of eighteen (18) and we do not knowingly collect personal information from children under the age of eighteen (18) through our products and/or services.
How to Contact Us