Privacy Policy

Dated April 1, 2021

PerformMedia, Inc dba autosmarket.com (“Autosmarket” or “the Site”) operate websites, provide products and services through mobile and other applications, and develop software. We refer to these as "site(s)," "service(s)," or "our sites and services."

By using autosmarket.com Site Visitors (“Visitors”, “Users” or “you”) consent to the terms in this Privacy Statement and Terms of Use (“the Statement” or the “Privacy Statement”). This Privacy Statement includes all information collected on Autosmarket but does not cover the data collection, use, and disclosure practices of any corporate affiliate or any third party. Autosmarket services are directed towards individuals above the age of 18 and by using the Autosmarket site you acknowledge that you are above the age of 18.

California Residents: See California Consumer Privacy Act (CCPA) Rights and Disclosure for additional disclosure about our collection and use of your personal information.

By using the site, you consent to the collection, use, sale and disclosure of your personal information in the manner described below.

If you have questions or concerns regarding this Privacy Statement, you should contact us through our Contact Us form.

Personal Information (“Personal Information” or “PII”) Collected

Autosmarket collects the following information:

• Information you provide on a form to request more information on a particular make and model of automobile
• Location Information, including location information provided by a mobile or other device interacting with our site or applications (including through beacon technologies), or associated with your IP address, where we are permitted by law to process this information;
• Usage, viewing, technical, and device data when you visit our sites, use our applications on third-party sites or platforms, or open emails we send, including your browser or device type, unique device identifier, and IP address

If you request to be contacted by a particular Car Dealership that is part of an automotive original equipment manufacturer (auto OEM) dealer program (“dealership”) through Autosmarket we may collect personal information provided by you that may include your name, email address, postal code, and telephone number, so that the seller can contact you to consider a car purchase.

If you request information or services through the Autosmarket, you agree that Autosmarket may share personally identifiable information with third parties to request a price quote from a dealership. If that vehicle listing was provided by an automobile manufacturer on behalf of a dealer, Autosmarket may also share the personally identifiable information you submit as part of the request with the automobile manufacturer and/or its affiliates.

Your submission of your personal information to receive communications via call, text or SMS, may be stored on servers or in a cookie on your computer and may be used by Autosmarket to confirm or fulfill a request that you make to receive more information about a particular automobile, including but not limited to, a price quote or other information you have requested or to deliver marketing communications via text or SMS, which, by providing your mobile number you have consented to receive.

If you no longer wish to receive a particular email newsletter or other promotion from Autosmarket or any affiliate or third party, you must follow the opt-out instructions included in such email newsletters, text messages, and promotions.

IP addresses are also used for systems administration and troubleshooting purposes. Your use of Autosmarket products or services will not be limited if you opt out of receiving telemarketing calls or texts.

Surveys

Occasionally Autosmarket or another company on our behalf may request information beyond what is required to use our products or services on our website. This information is generally used to better target our content to our audience, to improve our services and products, or for the benefit of third parties with which we do business. Accordingly, sometimes the aggregate survey results are shared with our partners and other third parties. We never share any survey information about any identified individual with any third party unless that individual consents.

Passive Information We Collect

Autosmarket automatically collects information and may also customize your visit through technical means, including the following:

• Cookies: Cookies are small text files that are placed on your computer’s hard drive by computers (or servers) to identify your computer.
• Web Beacons: Web beacons (also known as pixel tags, internet tags, clear GIFs, or single-pixel GIFs) are electronic images embedded into a webpage.
• IP Address Logs: Autosmarket also logs Internet Protocol (IP) addresses – the location of your computer on the internet – and may log device ID and information about your browser or operating system.

Cookies allow Autosmarket to recognize you when you visit the Site, as well as personalize your experience and better serve you. For example, if you enter your name, email, or ZIP code while filling out a request for dealer information, it may be stored in a cookie so you do not need to re-enter it when requesting other dealer information later. Cookies, web beacons and IP addresses can be used to compile data regarding Autosmarket usage including referring website, length of usage of the Site and number of visits to the Site or to determine whether emails sent by Autosmarket were opened or forwarded, and when. You can disable cookies or otherwise manage them through tools provided with your browser software and with third-party software packages. If you turn off cookies, some of Autosmarket features may not work as expected.

Location Information

When you visit Autosmarket, we may collect physical location information that is sufficiently precise to allow us to locate a specific person or device (“Location Information”). We collect Location Information based on your IP address in order to show the closest dealers when dealer information is requested. We may also use this Location Information in other ways such as to provide you with content and services that are relevant to a particular location, like specific advertising, or directions to a dealership.

Your Rights and Choices

With respect to location technologies that we use, you can reset your device Ad Id at any time through your device settings, which is designed to allow you to limit the use of information collected about you. You can also stop all collection of precise location data by withdrawing your consent through your device settings.

Access and Correction

Access to information that Autosmarket collects and maintains about you may be available to you. If you believe that information we maintain about you is inaccurate, subject to applicable law, you may request that we correct or amend the information by contacting us as indicated in the “How to Contact Us” section below.

Security of Data

We use commercially accepted measures designed to safeguard information about you in our possession against loss, theft and unauthorized use, disclosure or modification. We cannot guarantee 100% security of networks, servers and databases we operate or that are operated on our behalf.

All data is transported over an open network, such as the internet or email, and may be accessible to anybody. We cannot guarantee the confidentiality of any communication or material transmitted via such open networks. When you disclose any personal information using an open network, please remain mindful of the fact that it is potentially accessible to others and, therefore, has the potential to be collected and used by others without your explicit consent. In particular, while individual data packets are often encrypted, the names of the sender and recipient are not. Even if both the sender and recipient are located in the same country, it is possible for data to be transmitted via such networks to other countries regularly and without controls, including to countries that may not have the same data protection as your country of residence.

In rare cases, it is possible for your data to be lost during transmission or to be accessed by unauthorized third parties. We do not accept any liability for direct or indirect losses regarding the security of your Personal Information or data when transferred over the internet. Please use other means of communication if you believe it is necessary or prudent for security reasons.

CAN-SPAM ACT

CAN-SPAM is a law that establishes rules for commercial email, requirements for commercial messages, recipients’ rights to unsubscribe from emails, and penalties for violations.

To be in accordance with CAN-SPAM, Autosmarket will:

• Not use false or misleading subjects or email addresses
• Reasonably identify the message as an advertisement
• Include the physical address of our business or site headquarters
• Monitor third-party email marketing services for compliance, if one is used
• Allow users to unsubscribe by using the link at the bottom of each email
• Honor opt-out/unsubscribe requests as quickly as possible

If at any time you would like to unsubscribe from receiving future emails, you can email us at contact@autosmarket.com or follow the instructions at the bottom of each email.

Notice to EU Residents

The Autosmarket site is intended for use solely in the United States and Canada by U.S. and Canadian residents only. Autosmarket does not knowingly collect or solicit personal information from residents of the European Union. If you believe that we may have any information from or about an EU resident, please email us at contact@autosmarket.com.

Children's Privacy

Autosmarket is a general audience site not directed at children under the age of 16. We do not knowingly collect or solicit personal information from anyone under the age of 16. If you are under 16, please do not attempt to visit the Autosmarket or use any of its products and services. In the event that we obtain actual knowledge that we have collected personal information from a child under age 16, we will delete that information. If you believe that we might have any information from or about a child under 16, please contact us through our Contact Us form or at contact@autosmarket.com.

California Privacy Rights

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in our Privacy Statement and applies solely to consumers who reside in the State of California (“consumers” or “you”). This notice is posted in compliance with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.

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 and policies may contact us as specified in the “How to Contact Us” section below.

CCPA

The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our 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).

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual consumer, household, or device (“personal information”). We have collected the following categories of personal information from consumers within the last twelve (12) months:

• Identifiers: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
• Commercial information Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
• Geolocation data. Physical location or movements.

Information We Do Not Collect

• Protected classification characteristics under California or federal law such as age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
• Biometric information such as genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
• Sensory data such as audio, electronic, visual, thermal, olfactory, or similar information.
• Professional or employment-related information such as current or past job history or performance evaluations.
• Inferences drawn from personal information - Profile reflecting a person’s preferences, characteristics, trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes
• Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) such as education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

• To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in order to get more details from a car dealer or other party, we will use that information and submit it as indicated.
• To provide you with information, products or services that you request from us.
• To provide you with email alerts and other notices concerning our products or services, or events or news, that may be of interest to you.
• To improve our website and present its contents to you including the powering of products and features used throughout the site.
• For attribution purposes.
• To send promotional materials.
• To provide custom and/or individually-tailored website experiences.
• For ad serving, targeting and retargeting, creation of audience segments, and related OBA (online behavioral advertising) purposes.
• To create inferred search preferences and inclination/intent to purchase certain vehicles or makes/models for improved ad targeting and custom experience implantation.
• For internal operations and site optimization including product development.
• For testing, research, analysis and product development.
• As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
• To enable anti-fraud and crime prevention efforts.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
• For additional purposes more fully described in our Privacy Statement.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for business purposes more fully discussed in the Autosmarket Privacy Statement and Terms of Use and as described below:

• Identifiers — we collect names and other identifiers when consumers submit leads
• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) — we collect names and other identifiers when consumers submit leads
• Commercial information — we collect this information for attribution purposes
• Internet or similar network activity — we collect behavioral information to create custom experiences and targeted messaging
• Geolocation data — we collect Geolocation data to create custom experiences and targeted messaging as well as for attribution purposes
• Inferences drawn from personal information — we collect inference information to create custom experiences and targeted messaging

Categories of Parties to which we may Disclose Personal Information

We may disclose your personal information for a business purpose to the following categories of third parties:

• Our subsidiaries, parent(s) and affiliates
• Service providers (including without limitation Ad targeting/retargeting vendors, attribution vendors, and HR and other internal operations platform providers)
• Clients and customers
• Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

CCPA Request Submission

Only residents of California may submit a request under the CCPA.

Requests may be submitted

• online by clicking on the "Do Not Sell or Share My Personal Information" link on the Autosmarket website (https://autosmarket.com/dsmi/) and completing the form
  OR
• by email to contact@autosmarket.com with subject: Do Not Sell or Share My Personal Information

In order for Autosmarket to be able to verify and process your request, you or your authorized agent must provide the following information:

• Your first and last name
• Your email address
• Your phone number
• Your California street address, city and ZIP Code
• A description of what you are requesting (i.e., a Collection, Use, Share and Transfer Report; a Copy of Personal Information Request; a Deletion Request; or a Sales Opt-Out Request).

If you submit a Copy of Personal Information Request, you will need to provide Autosmarket with a signed Consumer Affidavit of Identity. The signed Affidavit should be delivered to Autosmarket, Attention: Privacy Department, Performmedia Group, Inc., 1355 NW Everett St Suite 100, Portland, OR 97209. Alternatively, you may email a scanned copy to contact@autosmarket.com.

Authorized Agent

You may designate an "Authorized Agent" to submit any of the forgoing requests on your behalf. To do so, you will need to provide Autosmarket with either (a) a valid power of attorney, or (b) a signed Consumer Affidavit of Agent Authorization. The power of attorney or signed Affidavit should be delivered to Autosmarket Attn: Privacy Dept, Performmedia Group, Inc. 1355 NW Everett St Suite 100, Portland, OR 97209. Alternatively, you may email a scanned copy to contact@autosmarket.com. If your Authorized Agent chooses to supply a signed Affidavit, we may also need to contact you directly to confirm permission prior to proceeding with the request.

CCPA Request Verification

When you submit a request, we will take steps to attempt to verify your identity. We will attempt to match information in your request to the personal information we maintain. As part of our verification process, we may ask you for additional information or employ the use of identity verification services. Depending on the type of request you submit, we will only complete your request when we are satisfied that we have verified your identity consistent with applicable law and regulations to protect the privacy and security of your and other users’ personal information.

We make every reasonable effort to respond to a verifiable consumer request within 45 days of its receipt. If more time is required, up to 90 days, we will provide an explanation of the reason and extension period in writing. Any disclosures provided as part of a verified request will only cover the preceding 12-month period from the receipt date of the consumer request.

Do Not Track Online Tracking Policy for California Residents

As of the effective date of this Privacy Statement, there is no commonly accepted response for Do Not Track signals initiated by browsers, therefore we do not respond to them.

Right to Non-Discrimination

You have the right not to receive discriminatory treatment by us for the exercise of any of your rights, including denial of goods or services, charging of a different price or rate for goods or services (including through the grant of discounts or benefits or imposing of penalties), providing a different level of quality of goods or services, or suggesting or implying you may receive a different price or rate or a different level or quality of goods and services.

Additional Disclosures for Nevada Residents

Nevada law (NRS 603A.340) requires that businesses establish a designated request address where Nevada consumers may submit requests directing the business not to sell certain kinds of personal information the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please email contact@autosmarket.com

Changes to this Statement

We reserve the right to update and periodically amend this Statement at our discretion and at any time. If we make changes to this Statement, amendments will be posted online and the date of update will be included. Your continued use of this website and its affiliated sites after any such update indicates your agreement to the same. We recommend periodically reviewing this page for the latest information on our privacy practices. If you object to any modification of this policy, your sole recourse is to discontinue use of the site.

Contact Information

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, wish to exercise your rights under California law or have a data portability request from other locations, please do not hesitate to contact us at:

Website: autosmarket.com/contact
Email: contact@autosmarket.com
Postal Address: Autosmarket
Attn: Privacy Dept, Performmedia Group, Inc.
1355 NW Everett St Suite 100
Portland, OR 97209

Disputes

If you choose to visit the autosmarket.com, your visit and any dispute regarding privacy is subject to this Privacy Statement, including limitations on damages, resolution of disputes, and application of the law of the state of California.