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BMW KINGSTON PRIVACY POLICY

BMW KINGSTON PRIVACY POLICY
BMW KINGSTON PRIVACY POLICY updated February 2022

Your privacy is important to us at BMW KINGSTON (referred to as “we” or “us” in this policy). This page will help explain what personal information we collect about you, how we use it, whether it is disclosed to anyone else, how long your information is kept on file, and how you can request access, update your preferences or receive more information on BMW KINGSTON’s privacy policies.

Personal Information:

Personal information means any information about you such as your name, business title, business address, business email address, business telephone number or business facsimile number. It also includes your home address and telephone number if these are published in a telephone or other directory. Use of this website and/or our third-party services is at your own risk. This website may contain links to websites maintained by third parties. We do not sell, trade customer information to third parties other than as described in our Privacy Policy. BMW KINGSTON may disclose certain information as follows:

  • To business partners, such as third party service providers, agents and affiliated entities in connection with the services that they perform for BMW Kingston
  • BMW Canada Inc., our related companies, including BMW Financial Services Canada.
  • Law enforcement agencies for the purposes of investigating fraud or other offences.
  • Legal, financial, and other professional advisors or in connection with the sale or reorganization of all or part of its business or operations.

Our dealership will not use or disclose personal information for purposes other than those for which it was collected or outlined above.

Accountability:

BMW KINGSTON takes accountability for the personal information we have obtained. Our Compliance officer Daniela Traficante is responsible in ensuring we comply with this policy and privacy legislation. You can update your privacy settings (update email address, or request to OPT OUT and not be contacted by email or by phone) at any time by contacting our compliance officer. Our compliance officer can be contacted at compliance@zanchinauto.com or by phone at: 1-877-459-3795.

In what ways do we collect Personal Information? :

There are a number of ways your information get collected, consent is given when you participate in one of the following transactions or activities such as:

  • Vehicle purchase
  • Vehicle lease
  • Vehicle finance
  • Vehicle Inquiry
  • Purchase extended warranty/ business office purchase
  • Parts purchase
  • Service your vehicle
  • Test drive
  • Enter a contest
  • Participate in a promotion
  • Fill out a survey

What Personal Information do we collect?

  • your name, address, telephone number, e-mail address, facsimile number and your occupation;
  • information about your driving habits (such as preferred car size, colour, type of vehicle, kilometres driven annually, etc.);
  • information about your existing vehicle(s) and any trade-in;
  • details of your vehicle and its service history; your driver’s license number;
  • the name of your insurance company, agent, policy number and details about your coverage;
  • similar information about other members of your family; your language preference;
  • your date of birth and/or the date of birth of other members of your family (if necessary)
  • your social insurance number;
  • financial and credit information about you and/or other members of your family (specific information is set out in the application for credit forms)
  • the principle amount of your loan, interest and repayment schedule
  • health information if you are applying for life, health, disability or accident insurance
  • the amount of any life, health, disability or accident insurance and details of that insurance

Provision of your Social Insurance Number is optional. However, you should be aware that most Credit Reporting Agencies use the Social Insurance Number as a unique identifier to ensure proper identification when conducting credit reviews and preparing credit reports. If you do not wish to provide your Social Insurance Number, our ability to obtain a timely and accurate credit report may be affected.

The Security of your Personal Information is Important to Us

Your personal information is used by us only for the purposes identified below and access to your
personal information is limited to those employees of BMW KINGSTON who need to have access to it. To keep the information safe we run a tape back up daily and monthly. The tapes are kept in a secure location. The recovery procedure is set up by a third party Reynolds & Reynolds.

How do we use your Personal Information?

Your personal information may be used in a number of ways such as:

  • Obtaining licensing for your vehicle.
  • Receive a credit report for your lease or finance.
  • Provide your with vehicle maintenance reminders and service offers.
  • Provide you with information pertaining to products or services that we think may benefit you.

Sometimes we have to Share your Personal Information with Others

We do not sell your personal information to third parties. We may share some or all of your personal
information with third parties such as the manufacturer of your vehicle and its related companies, the providers of products or services relating to your vehicle, credit reporting agencies, financial institutions or financing companies, your insurance agent or company and companies which provide or insure
warranties relating to your vehicle. We may also disclose your personal information where we are
required or permitted by law to do so.

How long do we keep your Personal Information and How Do We Dispose of It?

We retain your personal information as long as we believe that you are still the owner of the vehicle. If the information relates to the financing or lease of the vehicle, we retain personal information relating to the financing or lease arrangements as long as those arrangements are in place. If the information relates to the service or repair of your vehicle we retain the personal information for as long as is reasonably necessary to address any issues arising from the service or repair of the vehicle or as may be required by law. If there are legal requirements relating to the period of time which we must retain your personal information, we comply with those requirements. Your personal information is disposed of by having the hard copies shred and soft copies permanently deleted once we are aware you no longer own the vehicle and you are no longer doing business with us.

What can you do if you want to limit the use to which we put your personal information?

Most of the personal information which we collect is necessary for us to sell or lease you your vehicle, to provide products and services related to the vehicle, assist you in the financing or lease of your vehicle or to provide service to your vehicle and we cannot do this without that personal information. Similarly, we must disclose your personal information as described above in order to sell you the vehicle, to provide products and services related to the vehicle, assist you in arrangements for financing or leasing or to provide servicing to your vehicle. If you do not want us to use or disclose your personal information in a particular way, please contact our General Manager as described above and we will be pleased to discuss with you how we can limit collection, use or disclosure of your personal information.

You can Request Access to Your Personal Information

You have a right to access the personal information which we have about you and to request that
personal information which you believe to be inaccurate be corrected. If you wish to access your
personal information you should contact our Compliance Officer who will be pleased to assist you.

COOKIES AND INTEREST-BASED ADVERTISING DISCLOSURE.

What kind of interest-based advertising do we conduct?

We participate in network advertising programs that display advertising about BMW on other
unaffiliated websites. We customize and personalize this advertising to your interests based on
information from your activities, such as the actions you take when you visit our websites and when
visiting websites that display BMW advertising.

How does BMW use cookies and other digital markers and conduct interest-based advertising?

We use technologies such as cookies, web beacons, pixels and other technologies to collect information on how users navigate our website and respond to our promotional communications. When a user
interacts with our website, “cookies” and other digital markers are used by us and by our third party
service providers to collect information and to track user patterns. A cookie is a small text file which contains a unique identification number that identifies your browser, not you personally, to our
computer each time you visit our website. A cookie can tell us which pages were visited and how often. We use this information in an effort to improve our website’s usefulness to you – primarily for technical reasons, such as providing seamless navigation. In addition, we may use website plug-ins (including third-party plug-ins) that store information in your local browser storage to assist with understanding website analytics. This information is cleared when you close your browser.

Our website also uses cookies and pixel files (small image files) to manage our on-line advertising
programs. Cookies and pixel files may keep track of your browser so that you will be recognized when you visit other websites. Our ad management providers use these pixel files and cookies to populate an advertisement for us when you visit certain other websites. We also use pixel files to determine when you have opened a promotional communication from us and other interactions with that promotional communication, such as if a link within it has been clicked or if it has been forwarded. These pixel files are generally valid for a limited number of days and are provided by our ad management providers.

What third party service providers collect information on this website and what is the purpose of this collection?

Our third party service providers, including ad management providers, use third party cookies, web
beacons, or other digital markers to help us to maintain and improve our websites and electronic
communications, deliver interest-based advertising on this website and on other sites, and provide social plug-in functions. A list of service providers is available upon request.

Customized Social Media Ads

We may also use third-party social media platforms (e.g. Facebook, Twitter, etc.) to show you customized ads. To offer such ads, we may convert your email address, telephone number or other information into a unique value which can be matched by our partner social media company with a user on the social
media platform. Although we do not provide any personal information to these platform vendors, they may gain insights about individuals who respond to the ads we serve. To opt out of customized social media ads, please use the links provided in the ad, or email compliance@zanchinauto.com

Why does BMW conduct interest-based advertising?

We believe that interest-based advertising that is tailored to your particular interests is more helpful and relevant to you. We use information collected about your interaction with our websites and other
unaffiliated websites to understand our audiences and to improve your access to new products and
services that are most relevant to your interests.

How can I opt-out of receiving interest-based advertising from BMW?

If you do not want to receive interest-based advertising on other websites or would like to exercise choices about the third party advertising networks that provide you with interest-based advertising, please see the opt-out options below. Please note that if you opt-out you may still receive online
advertising from us on other websites or applications. However, these advertisements will not be
displayed to you based on your interests. Please note that like many other websites, we will also
continue to personalize your visits to our website.

  • Interest-Based Advertising and Analytics. You can opt-out of network advertising programs that track your activities across multiple websites to deliver personalized advertising content to you. Please visit Digital Advertising Alliance of Canada Opt-Out Page: //youradchoices.ca/understanding-online-advertising, NAI Opt-Out Page //www.networkadvertising.org/managing/opt_out.asp] and the Ad Choices Opt-Out Page //www.aboutads.info/choices/.
  • These websites provide tools that identify member companies that have placed cookies on your browser and provides mechanisms to opt-out of those cookies. You will still receive other types of advertising from participating companies; however, it will not be based on your interests. Deleting browser cookies can remove your opt-out preferences, so you should use these tools periodically to ensure that your preferences are up-to-date.
  • If you would prefer not to accept cookies, most browsers will allow you to:
    (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it;
    (ii) disable existing cookies; or
    (iii) set your browser to automatically reject any cookies. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it. You may not disable certain types of cookies that are essential to the operation of our websites and that are considered strictly necessary cookies. For example, we use strictly necessary cookies to allow you to view appropriate elements of our websites, such as regional pricing information.

Who can I contact if I have questions about cookies or interest-based advertising?

Should you have any questions or concerns about our interest-based advertising or our privacy
practices, please contact our Privacy Officer by email at Daniela@zanchinauto.com or by telephone at 1-877-459-379

Online Terms of use & conditions

BMW KINGSTON prohibits against misuse such as spamming, posting defamatory content and we
reserve the right to our intellectual property including images of vehicles, staff, and BMW trademarks.

Anti-Spam Policy:

BMW KINGSTON obtains consent to send electronic messages by having the consumer sign a consent form at the time of purchase. Consumers are able to OPT OUT at anytime by clicking the unsubscribe link at the bottom of any electronic communication from BMW Kingston. All electronic messages sent are CASL compliant.

Limitation of liability

To the maximum extent permitted by law, in no event shall BMW, BMW Canada and the Dealers, and each of their respective directors, officers, agents, employees, representatives, licensors and those for whom BMW, BMW Canada and the Dealers are in law responsible (collectively, the “BMW Parties”) be liable for any special, incidental, indirect, consequential, punitive or exemplary damages of any kind whatsoever (including, without limitation, damages for loss of revenue, loss of profits, failure to realize expected savings, interruption of activities, or any other pecuniary or economic loss) arising out of the use of or inability to use this Site or any product or service described or provided on this Site, even if any of the Lexus Parties have been advised of the possibility of such damages or could reasonably foresee such damages occurring.
In any event, the BMW Parties’ total liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence), strict liability or otherwise, shall be limited to one hundred dollars ($100). In no event shall any BMW Party be liable for any damages of any kind arising from the use of any hyper-linked site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind.

POLICY STATEMENT & terms of use for Online credit application

Accountability

BMWKINGSTON.CA and the information, software, products and services associated with it are provided “as-is”. E-Dealer and/or participating lenders, to the fullest extent on the law, disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this web site and any information, software, products and services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title and non infringement of third party rights. Use of this website and or E-Dealer services is at your own risk. E-Dealer and or participating lenders are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or other injury arising out of or in any way connected with the use of this website and/or E-Dealer’s services or with the delay or inability to use this website, or for any information, software, products and services obtained through this website or otherwise arising out of the use of this website whether resulting in whole or in part, from breach of contract, negligence, strict liability, or otherwise, even if E-dealer and or its suppliers had been advised of the possibility of damages. E-Dealer are also to the fullest extent permitted by law, in no event shall we be liable for any damages of any kind arising from your use of a site or fore the unauthorized modification of text or advertisements provided by us to our marketing partners or third parties.

COLLECTION AND RELEASE OF INFORMATION FROM CREDIT APPLICATIONS

The purpose for which personal information is collected will be identified at or before the time the information is collected. Personal information may be collected for the following purposes:

  • Registering and/or submitting credit application – users allow us and our affiliates to make personally identifiable information available to third parties in accordance with the terms of this privacy policy

E-Dealer processes credit applications on behalf of BMW KINGSTON and uses information gathered about users only for limited purposes permitted by law. Information collected is needed for and directly corresponds to processing loan applications, administering loan accounts, providing services to customers, providing customers and website visitors with information about site services, and to fulfill any legal and regulatory requirements. Information is retained by and is not otherwise transferred outside the confines of E-Dealer and its clients, unless permission to do so has been requested or as permitted by law. While on this site we may collect “Personal Information” from you. We may collect or expand to collect, the internet service providers of visitors. This information is used to improve the performance of the site and the credit application, enhance the user experience and ensure the satisfaction of site visitors, as well as to assist with systems administration, and to resolve problems. The information tracked may or may expand to include, but is not exclusive to, the type of operating system in use, the type of browser used by the visitor, the pages visited and data requested. We use this information internally to analyze site traffic. From time to time we may create or conduct analyses and summary reports about the operation of the website. For your comfort and ease of accessibility we collect website data viewed. This is done in order to recommend the right kind of options to you specifically ones you would be interested in.

IP ADDRESSES

An IP address is a number automatically assigned to your computer whenever you access the Internet. All computer identification on the Internet is conducted with IP addresses, which allow computers and servers to recognize and communicate with each other. Your IP address may be used to help identify you and to gather broad demographic information about you, to conduct site analysis. E-Dealer may collect or expand to collect IP addresses in order to conduct system administration, diagnose problems and to better serve you in using the services and features within the site, namely the credit application.

SECURITY

E-Dealer has security measures in place to protect the loss, misuse and alteration of the information under site control. Any employee or contractor requiring access to user information must be approved and must use information of the uses outlined in this document. Access is reviewed on a regular basis. E-Dealer also uses extensive and sophisticated secure technology to protect your data and transmissions between you and banks, lenders and loan brokers participating in E-Dealer products and services. Transmission between browsers and our web server, as well as participating lenders is implemented using Secure Sockets Layer (SSL) technology. Given that no technology is foolproof, we must also advise users that there will always remain a certain amount of risk and that your personal information may be disclosed, without your consent, unintentionally, and without fault on the part of E-Dealer. We decline any responsibility in the event that such confidential information is disclosed.

USER INFORMATION FOR THOSE UNDER 18

You must be at least 18 years old to have our permission to use our credit application. To protect the interests of children, no information should be submitted to our web sites by children 18 years of age or under, without the consent of a parent or guardian. E-Dealer cannot be held liable for information unknowingly given to us by any under-age user, but does not actively seek any demographic or preference information from children, nor will it ever knowingly disclose any personally identifying information regarding children to third parties.

INDEMNITY

As a condition of use of bmwkingston.ca, credit application, you agree to indemnify E-Dealer and its suppliers, participating Lenders, or real estate professionals from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of this web site and credit application, including without limitation of any claims alleging facts that if true would constitute a breach by you of this Agreement.

REGISTRATION AND PASSWORDS

To access certain portions of the Website such as scheduling a service appointment online, you may be asked to complete an online registration to obtain a log in. By doing so, you agree to be providing true and complete accurate information as requested in your registration.

As part of the registration process, when choosing a password and username you are responsible for keeping your log in credentials confidential. You are responsible for all activity that occurs on bmwkingston.ca under such username and password. You agree to immediately notify BMW Kingston of any unauthorized use of your password or username or of any other breach of security.

Online Service Schedule Terms of use & Privacy

Discounts are subject to change without notice, and only one discount per appointment may be honoured. Check with your Service Advisor to see if your vehicle may require additional parts and/or labor at an extra charge. Cannot be used with any other specials or like services. Customer is responsible for local tax. Any discounts offered are made by the dealer, BMW Kingston who is solely responsible for them.

Downloading, republication, retransmission, reproduction or other use of this website in whole or part as a stand-alone file or printed asset is strictly prohibited.

Price & Promotions Disclaimer

BMW Kingston tries to ensure the accuracy of all prices, incentives, promotions and specials on the website at all times, however we cannot be responsible for typographical and other errors that may appear on the site. If the posted price for a vehicle or service is incorrect due to typographical or other error (e.g., data transmission), BMW KINGSTON is only responsible for the correct price, which we will provide to you as soon as we become aware of the error. We make every effort to provide you the most accurate information, however it is your responsibility to verify with the Dealer that all details listed are accurate.

Some vehicle images posted on our website pages are the representations provided by our suppliers. Please note that actual vehicle may differ slightly from specifications and/or the pictures. The dealership is not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and available quantities are subject to change without notice.

In the event a vehicle is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, BMW KINGSTON has the right to refuse the transaction of a vehicle listed at the incorrect price.

Liability

BMW KINGSTON and BMW Canada are not liable or obligated for any damages under the terms &
conditions.

Questions or Concerns about our privacy policy or terms and conditions please contact daniela@zanchinauto.com or by telephone at 1-877-459-379