Gubagoo Inc. (“Gubagoo”) complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. Gubagoo has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, and recourse, enforcement, and liability. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. In certain situations, Gubagoo may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Gubagoo remains liable for the onward transfer of personal data to third parties acting as Gubagoo’s agents, unless Gubagoo can prove it was not a party to the events giving rise to the damages. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

Introduction

Gubagoo is a provider of live chat and digital marketing software and services for automotive dealerships. This privacy policy will help customers that use our services (collectively, “you”) and the dealerships understand what information we collect and use on behalf of an automotive dealership (the “Dealership”) at Gubagoo, and the choices you have associated with that information. This privacy policy concerns your use of websites with Gubagoo services and software that comprise the communications platform (the “Platform”) that Gubagoo operates for Dealerships. For information about the use of your credit history, score, rating or related credit information that you may make available to the Dealership when you inquire about your credit eligibility or apply for financing, please carefully review the Hard Credit Pull and Soft Credit Pull Disclosures and Consents provided to you when have the option to permit a Dealership to access and use your credit information. In operating the Platform for the Dealership, Gubagoo is a service provider for the Dealership and all communications you have through the Platform are processed by Gubagoo for the Dealership. Your communications with Gubagoo are on behalf of the Dealership.

If you have any questions about this privacy policy or our practices, please contact us. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, you may submit a claim by following the instructions at https://www.jamsadr.com/eu-us-privacy-shield.

Collecting User Behavioral Information and Personal Information.

When you visit a website (the “Website”) with Gubagoo services and software or otherwise use our services, Gubagoo may collect, retain and use information pertaining to your click and viewing behavior on the website (“Behavioral Information”). If you also submit your Personal Information (as defined below), either in a web form submission, live web chat, sms, or other form of digital or other medium, your Personal Information may be collected, retained, used and linked to your Behavioral Information that we have collected. “Personal Information” means personally identifiable information that can be specifically associated with, or that is sufficient to identify, you and includes your name and contact information (your phone number, address or email address). We may also obtain and use data and information about your online activity or metadata about you (such as geo-location data) either on or off the Website from third party sources in order to improve your experience with Gubagoo or the Website and to provide the services. If you engage in any live web chat or sms conversation using our services, we may also store any transcripts (“Transcripts”) from such conversations and link those Transcripts to your Personal Information and Behavioral Information. Some additional examples of services that may require use of Personal Information include using your address for delivery of products that you have requested (e.g., vehicles), using credit card information to process a payment that you have authorized, and submitting a credit application to lending institutions with your consent.

We do not knowingly collect or maintain information provided by children under the age of 16. If a child has provided us with personally-identifying information without parental or guardian consent, the parent or guardian should contact us and we will remove the information.

How your Behavioral Information is collected and used.

To enhance your experience and provide more personalized service, we may use a feature called a cookie or other similar methods to track your behavior on the Website. Cookies are small files that your web browser places on your computer’s hard drive. They are used for a variety of purposes, such as tracking click behavior. Data that is tracked through these mechanisms may include, but are not limited to: (i) your domain name; (ii) your IP address; (iii) the type of web browser, device and operating system being used; and (iv) the pages of a Website that you visit or the files that you request. Most internet browsers enable you to block cookies in the preferences or settings of the internet browser. Please refer to your browser’s documentation for instructions on how to block cookies in your browser’s settings.

We use Behavioral Information to better understand how visitors use the Website in order to deliver a more personalized experience for you on the Website and in the Website owner’s physical store, and to improve our services to better meet your needs. We may also use cookies in order to help us or third parties display advertising to you when you visit the Website or third-party sites based on your interest displayed by your behavior on the Website.

The Gubagoo website (www.gubagoo.com) uses technologies of third-party partners to help us recognize your device and understand how you use our site so that we can improve our services to reflect your interests and serve you advertisements about the products and services that are likely to be of more interest to you. Specifically, these partners collect information about your activity on our site to enable us to: (i) measure and analyze traffic and browsing activity on our site; and (ii) show advertisements for our products and services to you on third-party sites. We may share data, such as hashed email derived from emails or other online identifiers collected on our site with our advertising partners. This allows our partners to recognize and deliver you ads across devices and browsers. To read more about the technologies used by our partner and their cross-device capabilities please refer to the privacy policy at https://www.nextroll.com/. Our partners may use non-cookie technologies that may not be impacted by browser settings that block cookies. Your browser may not permit you to block such technologies. For this reason, you can use the following third-party tools with regard to the collection and use of information for the purpose of serving you interest based advertising:
The NAI’s opt-out platform: https://www.networkadvertising.org/choices/
The EDAA’s opt-out platform: https://www.youronlinechoices.com/
The DAA’s opt-out platform: https://optout.aboutads.info/?c=2&lang=EN

Linking Behavioral Information to Personal Information.

If you voluntarily provide Gubagoo with your name and contact information through a web chat or web form submission, we may link your Behavioral Information to your Personal Information. We may provide this linked information to the company whose Website you have submitted your Personal Information on, as well as use this data to improve your service and experience on the Website.

To whom your information is disclosed.

We will not sell your Personal Information, and we will not share your Personal Information, Behavioral Information and Transcripts with any third parties except for (a) Gubagoo’s third-party service providers, (b) the company or companies whom Gubagoo is providing services to (or such company’s affiliates, partners, contractors or third-party service providers) and whose Website you have submitted your Personal Information on; or (c) to other third parties that you consent to (for example, a finance company, bank, or other financial institution when you request credit eligibility or apply for financing through a Dealership). Anonymous or aggregated Behavioral Information, meaning Behavioral Information that does not include Personal Information, may be shared with third-parties in order to improve your overall internet experience, display more relevant internet advertisements to you based on your interest in and behavior on the Website, or provide aggregated statistical data for reporting and analytics purposes.

We also may share your Personal Information, Behavioral Information and Transcripts as we deem necessary to respond to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process.

Communication.

Gubagoo or the Website owner may need to communicate with you for a variety of reasons, including but not limited to:

• If you submit a contact form with your Personal Information
• If you have a live chat or sms conversation or similar interaction and submit your Personal Information
• If you request credit eligibility information or apply for financing

Consent.

Your knowledge and consent are generally required before we may collect, use or disclose your Personal Information. BY USING THE WEBSITE, YOU HEREBY CONSENT TO THE COLLECTION AND USE OF BEHAVIORAL INFORMATION AND PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY. If you would like to request credit eligibility or apply for financing, you will need to provide your consent separately, through the Hard Credit Pull and Soft Credit Pull Disclosures and Consents provided to you when have the option to permit a Dealership to access and use your credit information.

Protection of Personal Information.

Your Personal Information is stored in Gubagoo’s databases (or Gubagoo’s service providers’ databases) using security practices in accordance with industry standard practices. In some cases, your Personal Information may be stored in the Website owner’s databases (or the Website owner’s service providers’ databases). Please refer to the Website owner’s privacy policy for more information.

How a Customer Accesses their Personal Information.

If you want access to your Personal Information, you may make a request to Gubagoo at the contact address below. In some cases, Gubagoo may direct you to contact the Website owner to help you with your request.

How long we retain Behavioral Information and Personal Information.

We retain records of your Personal Information in our databases until you request us to delete such records or as otherwise required by applicable law. Your Behavioral Information may be retained for up to seven years.

Withdrawing Consent.

You may withdraw your consent to the collection, use and/or disclosure of your Personal Information that is linked with your Behavioral Information at any time on reasonable notice by contacting us. If you withdraw your consent, we may still provide your Personal Information (that is not linked with your Behavioral Information) to the company whose Website you have voluntarily submitted your Personal Information on, as well as collect and use your Behavioral Information to provide the services. Please refer to the Website owner’s privacy policy for more information.

Your rights with respect to Personal Information and Behavioral Information.

You may also ask us to provide you with your Personal Information and any linked Behavioral Information that we have collected at any time, or to destroy any record of your Personal Information in our database by contacting us. We are subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) and state attorneys general. Under certain conditions, you may invoke binding arbitration in the event of dispute between us.

For Residents of California

For residents of California, please refer to the Gubagoo Privacy Notice for California Residents.

How to Contact Us

Your privacy rights

As a consumer, subject to applicable laws ruling your jurisdiction, you have certain rights. These may include:

Right to Know: Upon receipt of a verifiable written request (where we will verify your ID) , and within periods set by applicable law, we will provide you with information regarding the personally identifiable information we gathered about you over the past 12 months from the date of receipt of such request, the types of sources from which we obtain the information, the purposes for which the information is gathered, and the types of third parties with which we share or to whom (if any) we sell the information, unless a request is impossible or involves disproportionate effort. In the event that the latter applies we will provide you with the reasons why such request cannot be processed. We may also deny your request in accordance with “Denying your request” section below.

Right of Access and Portability: Upon receipt of a verifiable request, and within the periods set by applicable law, we will grant you with reasonable access to the personally identifiable information that we hold about you, provided that you establish, to our reasonable satisfaction, that you are the person, or you represent the person, who the personal information relates to. You also may have the right to receive your personal information in a form and format for the purpose of transmitting that information to another entity.

Right of Correction: We will take reasonable steps to permit you to correct, update or amend personally identifiable information that is demonstrated to be inaccurate or incomplete. In addition to any other terms set out in this policy, a request to correct may be denied if your request to correct the same alleged inaccuracy has been denied by us within the past 6 months from the receipt date.

Right of Deletion: Upon receipt of a verifiable request or when required or otherwise appropriate, we will delete personally identifiable information we have gathered about you, except to the extent applicable law permits or requires us to maintain that information for a longer period. We will inform you once the request has been completed or if we cannot comply with your request for a specific reason.

Right to Opt Out of Sale/Sharing: We do not sell your personally identifiable information to third parties for monetary consideration. We may, however, share personally identifiable information in the course of our business when we instruct a service provider to act on behalf of us for the purpose of providing the goods and the services or gathered by cookies and similar tools with third parties for marketing purposes, including analytics.

Right to Opt Out of Certain Processing: Upon receipt of a verifiable request or when required or otherwise appropriate, you may have the right to opt out of the processing of your personal information for the purpose of targeted advertising or for profiling in furtherance of decisions that produce legal or similar effects.

Right to Limit the Use and Disclosure of Sensitive Personal Information: If you would like to exercise the right to limit our use or disclosure of Sensitive Personal Information, please access the link “Limit the Use and Disclosure of My Sensitive Personal Information."  As used in this policy, Sensitive Personal Information means and includes information that reveals:

• A person’s social security, driver’s license, state identification card, or passport number.
• A person’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account.
• A person’s precise geolocation.
• A person’s racial or ethnic origin, religious or philosophical beliefs, or union membership.
• A person’s mental or physical health or diagnosis.
• A person’s citizenship or citizenship status.
• The contents of a person’s mail, email, and text messages unless we are the intended recipient of the communication.
• Information about a person’s sex life or sexual orientation.
• A consumer’s genetic data and biometric data, where the processing of biometric data is intended for the purpose of uniquely identifying a consumer.
• Denying a request and non-disclosable information.

Upon request or when required or otherwise appropriate, and within periods (if any) set by applicable law, we will endeavor to grant individuals reasonable access to the personal information that we hold about them. To guard against fraudulent requests to know, to delete to correct and to access, we will require sufficient information to allow us to confirm the identity of the individual making the request before granting access, giving details about the personal information in scope, correcting or deleting the information. Such access may be denied in whole or in part by us where the denial is permitted by applicable law. Every request from an individual will be assessed on a case-by-case basis. In the event a request is denied, we will notify the individual regarding the reasons for denial in writing. Consistent with how your personal information is maintained in the ordinary course of our business, we will provide the information in an understandable form. We may impose a reasonable charge when a request is made (e.g., for photocopying or postage) to the extent permitted under applicable law. We will not be able to disclose to you or any other individual authorized to act on your behalf, the information listed below, however, we would be able to inform you with sufficient detail that we collect certain types of information about you.

Non-Disclosable PERSONAL INFORMATION:

• Social security number
• driver’s license number or other governmental ID number
• financial account number
• any health or medical identification number
• account passwords
• security questions and answers
• unique biometric data generated from measurements or technical analysis of human characteristics.

NON-DISCRIMINATION

We will not discriminate against consumers who exercise their rights under applicable data protection laws. Unless permitted by the applicable law depending on the jurisdiction or other applicable laws, 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 Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services

However, we may offer financial incentives to you for the collection, sale, or deletion of personally identifiable information.  Any such offer will reasonably relate to the value of your personally identifiable information and contain written terms that describe the program’s material aspects.  Participation in such a financial incentive program requires your prior opt-in consent, which you may revoke at any time. For questions regarding this policy or to make a request please contact us at (800)769-2272.

Changes to this policy

We will post any change to this policy on this page.