PRIVACY POLICY

Last updated December 02, 2024



This Privacy Notice for BMW of Peabody ("we," "us," or "our"), describes how and why we might access, collect, store, use, and/or share ("process") your personal information when you use our services ("Services"), including when you:
  • Engage with us in other related ways, including any sales, marketing, or events
Questions or concerns? Reading this Privacy Notice will help you understand your privacy rights and choices. We are responsible for making decisions about how your personal information is processed. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at dpo@lyonwaugh.com.


SUMMARY OF KEY POINTS

This summary provides key points from our Privacy Notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for.

What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use. Learn more about personal information you disclose to us.

Do we process any sensitive personal information? Some of the information may be considered "special" or "sensitive" in certain jurisdictions, for example your racial or ethnic origins, sexual orientation, and religious beliefs. We may process sensitive personal information when necessary with your consent or as otherwise permitted by applicable law. Learn more about sensitive information we process.

Do we collect any information from third parties? We may collect information from public databases, marketing partners, social media platforms, and other outside sources. Learn more about information collected from other sources.

How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Learn more about how we process your information.

In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties. Learn more about when and with whom we share your personal information.

How do we keep your information safe? We have adequate organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Learn more about how we keep your information safe.

What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Learn more about your privacy rights.

How do you exercise your rights? The easiest way to exercise your rights is by submitting a data subject access request, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.

Want to learn more about what we do with any information we collect? Review the Privacy Notice in full.


TABLE OF CONTENTS



1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:
  • names
  • phone numbers
  • email addresses
  • contact preferences
Sensitive Information. When necessary, with your consent or as otherwise permitted by applicable law, we process the following categories of sensitive information:
  • financial data
All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:
  • Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.
Google API

Our use of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

Information collected from other sources

In Short: We may collect limited data from public databases, marketing partners, and other outside sources.

In order to enhance our ability to provide relevant marketing, offers, and services to you and update our records, we may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, and from other third parties. This information includes mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), Internet Protocol (IP) addresses, social media profiles, social media URLs, and custom profiles, for purposes of targeted advertising and event promotion.


2. HOW DO WE PROCESS YOUR INFORMATION?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:

  • To deliver targeted advertising to you. We may process your information to develop and display personalized content and advertising tailored to your interests, location, and more.
  • To evaluate and improve our Services, products, marketing, and your experience. We may process your information when we believe it is necessary to identify usage trends, determine the effectiveness of our promotional campaigns, and to evaluate and improve our Services, products, marketing, and your experience.
  • To determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you.

3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

In Short: We may share information in specific situations described in this section and/or with the following third parties.

We may need to share your personal information in the following situations:
  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • When we use Google Maps Platform APIs. We may share your information with certain Google Maps Platform APIs (e.g., Google Maps API, Places API). Google Maps uses GPS, Wi-Fi, and cell towers to estimate your location. GPS is accurate to about 20 meters, while Wi-Fi and cell towers help improve accuracy when GPS signals are weak, like indoors. This data helps Google Maps provide directions, but it is not always perfectly precise.

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to gather information when you interact with our Services. Some online tracking technologies help us maintain the security of our Services, prevent crashes, fix bugs, save your preferences, and assist with basic site functions.

We also permit third parties and service providers to use online tracking technologies on our Services for analytics and advertising, including to help manage and display advertisements, to tailor advertisements to your interests, or to send abandoned shopping cart reminders (depending on your communication preferences). The third parties and service providers use their technology to provide advertising about products and services tailored to your interests which may appear either on our Services or on other websites.

To the extent these online tracking technologies are deemed to be a "sale"/"sharing" (which includes targeted advertising, as defined under the applicable laws) under applicable US state laws, you can opt out of these online tracking technologies by submitting a request as described below under section "DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?"

Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

Google Analytics

We may share your information with Google Analytics to track and analyze the use of the Services. To opt out of being tracked by Google Analytics across the Services, visit https://tools.google.com/dlpage/gaoptout. For more information on the privacy practices of Google, please visit the Google Privacy & Terms page.

5. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this Privacy Notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

7. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly collect, solicit data from, or market to children under 18 years of age, nor do we knowingly sell such personal information. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at dpo@lyonwaugh.com.

8. WHAT ARE YOUR PRIVACY RIGHTS?

In Short:  You may review, change, or terminate your account at any time, depending on your country, province, or state of residence.

Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, replying "STOP" or "UNSUBSCRIBE" to the SMS messages that we send, or by contacting us using the details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services.

If you have questions or comments about your privacy rights, you may email us at dpo@lyonwaugh.com.

9. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Notice.

California law requires us to let you know how we respond to web browser DNT signals. Because there currently is not an industry or legal standard for recognizing or honoring DNT signals, we do not respond to them at this time.

10. DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: If you are a resident of California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, or Virginia, you may have the right to request access to and receive details about the personal information we maintain about you and how we have processed it, correct inaccuracies, get a copy of, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. More information is provided below.

Categories of Personal Information We Collect

We have collected the following categories of personal information in the past twelve (12) months:

CategoryExamplesCollected
A. Identifiers
Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name

YES

B. Personal information as defined in the California Customer Records statute
Name, contact information, education, employment, employment history, and financial information

YES

C. Protected classification characteristics under state or federal law
Gender, age, date of birth, race and ethnicity, national origin, marital status, and other demographic data

NO

D. Commercial information
Transaction information, purchase history, financial details, and payment information

NO

E. Biometric information
Fingerprints and voiceprints

NO

F. Internet or other similar network activity
Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements

NO

G. Geolocation data
Device location

YES

H. Audio, electronic, sensory, or similar information
Images and audio, video or call recordings created in connection with our business activities

NO

I. Professional or employment-related information
Business contact details in order to provide you our Services at a business level or job title, work history, and professional qualifications if you apply for a job with us

YES

J. Education Information
Student records and directory information

YES

K. Inferences drawn from collected personal information
Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics

NO

L. Sensitive personal InformationSocial security numbers

YES


We only collect sensitive personal information, as defined by applicable privacy laws or the purposes allowed by law or with your consent. Sensitive personal information may be used, or disclosed to a service provider or contractor, for additional, specified purposes. You may have the right to limit the use or disclosure of your sensitive personal information.

We may also collect other personal information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of:
  • Receiving help through our customer support channels;
  • Participation in customer surveys or contests; and
  • Facilitation in the delivery of our Services and to respond to your inquiries.
We will use and retain the collected personal information as needed to provide the Services or for:
  • Category A - 1 year
  • Category B - 1 year
  • Category G - 1 year
  • Category I - 1 year
  • Category J - 1 year
  • Category L - 1 year
Sources of Personal Information

Learn more about the sources of personal information we collect in "WHAT INFORMATION DO WE COLLECT?"

How We Use and Share Personal Information

Learn more about how we use your personal information in the section, "HOW DO WE PROCESS YOUR INFORMATION?"

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Learn more about how we disclose personal information to in the section, "WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?"

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal information.

We have not disclosed, sold, or shared any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. We will not sell or share personal information in the future belonging to website visitors, users, and other consumers.

Your Rights

You have rights under certain US state data protection laws. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law. These rights include:
  • Right to know whether or not we are processing your personal data
  • Right to access your personal data
  • Right to correct inaccuracies in your personal data
  • Right to request the deletion of your personal data
  • Right to obtain a copy of the personal data you previously shared with us
  • Right to non-discrimination for exercising your rights
  • Right to opt out of the processing of your personal data if it is used for targeted advertising (or sharing as defined under California’s privacy law), the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects ("profiling")
Depending upon the state where you live, you may also have the following rights:
  • Right to access the categories of personal data being processed (as permitted by applicable law, including Minnesota’s privacy law)
  • Right to obtain a list of the categories of third parties to which we have disclosed personal data (as permitted by applicable law, including California's and Delaware's privacy law)
  • Right to obtain a list of specific third parties to which we have disclosed personal data (as permitted by applicable law, including Minnesota's and Oregon's privacy law)
  • Right to review, understand, question, and correct how personal data has been profiled (as permitted by applicable law, including Minnesota’s privacy law)
  • Right to limit use and disclosure of sensitive personal data (as permitted by applicable law, including California’s privacy law)
  • Right to opt out of the collection of sensitive data and personal data collected through the operation of a voice or facial recognition feature (as permitted by applicable law, including Florida’s privacy law)
How to Exercise Your Rights

To exercise these rights, you can contact us by submitting a data subject access request, by emailing us at dpo@lyonwaugh.com, or by referring to the contact details at the bottom of this document.

Under certain US state data protection laws, you can designate an authorized agent to make a request on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with applicable laws.

Request Verification

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. We will only use personal information provided in your request to verify your identity or authority to make the request. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes.

If you submit the request through an authorized agent, we may need to collect additional information to verify your identity before processing your request and the agent will need to provide a written and signed permission from you to submit such request on your behalf.

Appeals

Under certain US state data protection laws, if we decline to take action regarding your request, you may appeal our decision by emailing us at dpo@lyonwaugh.com. We will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal is denied, you may submit a complaint to your state attorney general.

California "Shine The Light" Law

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?"

11. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this Privacy Notice from time to time. The updated version will be indicated by an updated "Revised" date at the top of this Privacy Notice. If we make material changes to this Privacy Notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Notice frequently to be informed of how we are protecting your information.

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at dpo@lyonwaugh.com or contact us by post at:

BMW of Peabody
__________
__________

13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country or state of residence in the US, you may have the right to request access to the personal information we collect from you, details about how we have processed it, correct inaccuracies, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. To request to review, update, or delete your personal information, please fill out and submit a data subject access request.

This website contains certain Terms of Use and by using the website you are agreeing to these Terms of Use. If you do not wish to abide by the Terms of Use, do not use this Website but please do contact us for personalized attention about our goods and services (including any questions you may have or information you may need about our Privacy Policy, the CCPA Privacy Notice for California Residents, your CCPA rights or how to exercise those rights).

Last Updated: 12/3/2024

CCPA Privacy Notice for California Residents

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS ("Privacy Notice") supplements the information contained in the Privacy Policy of BMW of Peabody ("we," "us" or "our") for this website and applies solely to persons who live in the State of California ("consumer," "you" or "your") and use this website. We adopt this Privacy Notice to comply with the California Consumer Privacy Act of 2018 ("CCPA") and other privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice. If applicable to you, this Privacy Notice will form a part of this website's Privacy Policy and will supersede it in the event of a conflict.

California consumers have the following rights and choices regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Personal 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 a particular consumer or device ("personal information"). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category Examples Collected
A. 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. YES
B. 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. YES
C. Protected classification characteristics under California or federal law. 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). YES
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES
E. Biometric information. 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. NO
F. Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. YES
G. Geolocation data. Physical location or movements. NO
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO
I. Professional or employment-related information. Current or past job history or performance evaluations. NO*
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). 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. NO
K. Inferences drawn from other personal information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO
*Unless this website allows applicants to submit an employment application.

Personal information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.
  • Information excluded from the CCPA's scope, like:
    • personal information covered by certain sector-specific California privacy laws, such as the California Financial Information Privacy Act (FIPA);
    • personal information covered by certain sector-specific federal privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or the Driver's Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from our clients or their agents. For example, from documents that our clients provide to us related to the services for which they engage us.
  • Indirectly from our clients or their agents. For example, through information we collect from our clients in the course of providing services to them.
  • Directly and indirectly from activity on our website. For example, from submissions through our website portal or website usage details collected automatically.
  • From third-parties that interact with us in connection with the services we perform. For example, from credit providers in conjunction with the sale or lease of a vehicle.

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 for us to transact the sale, lease or servicing of a vehicle.
  • To provide you with information, products or services that you request from us.
  • To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
  • To improve our website and present its contents to you.
  • For testing, research, analysis and product development.
  • As necessary or appropriate to protect our safety, property or rights, and those of our clients or others.
  • 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, in which personal information held by us is among the assets transferred.

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 and Terms of Website Use

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.

Also, you may intend to directly disclose your personal information or use it with a third party.

Terms of Website Use. Please note that by taking the deliberate action of using our website, you intentionally disclose your personal information to the service provider furnishing us the platform services for our website. This unavoidable consequence of your intentional interaction with our website constitutes the terms of use of our website ("Terms of Use"). You acknowledge and agree to these Terms of Use by using our website but can avoid abiding by the Terms of Use by leaving the site and contacting us by any other means. In such case, we look forward to providing you personalized attention about our goods and services (including any questions you may have or information you may need about our Privacy Policy, the CCPA Privacy Notice for California Residents, your CCPA rights or how to exercise those rights).

The kinds of disclosures discussed above are not deemed to be a "sale" of your personal information under the CCPA.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category D: Commercial information.
Category I: Professional or employment-related information (but only if this website allows applicants to submit an employment application).

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

  • Our affiliates.
  • Service providers.
  • Third parties authorized by you or your agents in connection with products or services we provide to you.

In the preceding twelve (12) months, we have not sold any personal information.

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).
  • 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.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions, such as its use for our business purposes or that of our service providers. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny or limit your deletion request if retaining the information is necessary for us or our service providers to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Audit current interactions with you on our website (such as counting ad impressions and verifying positioning and quality of ad impressions).
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products or services to identify and repair errors that impair intended functionality.
  • Use personal information on a short-term, transient basis, appropriately limited (for example, the contextual customization of ads).
  • Perform services such as maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services.
  • Undertake internal research for technological development and demonstration purposes.
  • Undertake activities to verify or maintain the quality or safety of, or upgrade or enhance, products or services.
  • Conduct appropriate research.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy act (Cal. Penal Code § 1546 seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation, such as that imposed by law, including the maintenance of records required by law or necessary to evidence our compliance with law.
  • Share vehicle information or ownership information with our vehicle original equipment manufacturer for warranty or recall purposes.
  • Fulfill the terms of a written warranty or product recall conducted in accordance with federal law.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights (i.e., Do Not Sell My Personal Information)

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

  • Calling us at 84459242886
  • Email at dpo@lyonwaugh.com
  • Or Mailing us at:
    7 Centennial Drive, Peabody, MA 01960, Attn: CCPA

Only you or a person registered with the California Secretary of State that you authorize 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.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, 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.

Privacy Policy

Thank you for visiting our BMW of Peabody website, including our mobile device-ready version. BMW of Peabody and our affiliates (together, "BMW of Peabody" or "we") strive to make our website a useful tool and a rewarding experience for our customers by tailoring the content to your personal needs and interests. This way, the content of our website will be as relevant as possible for you, the customer. We hope that you find our website to be a useful part of your car-buying experience.

To accomplish this, we responsibly collect and utilize personally identifiable information. We respect your privacy, and this Privacy Policy documents our commitment to safeguard and treat your privacy and the personal information that we collect online with reasonable care and in strict compliance with applicable law for the protection of personally identifiable information.

This policy was implemented as of September 23, 2014 and applies to information collected on this website and those of our affiliates (together, "our website" or "the website") and covers the following areas:

  • What personally identifiable information is collected by BMW of Peabody or by any third party through our website;
  • How BMW of Peabody uses this information;
  • With whom BMW of Peabody may share this information;
  • What choices are available to you as a user of our website with respect to collection, use and distribution of the information; and
  • What types of security procedures are in place to protect the loss, misuse or alteration of information under our control.

This Privacy Policy applies only to our website and information collected for us or by us through our website and through various features and online offerings on our website. It does not apply to any third party site or service linked to our website or recommended or referred by our website or by our staff. Further, it does not apply to any other type of online site or online service operated by BMW of Peabody or its affiliates, or to any of our offline activities.

1. Information Collection and Use

BMW of Peabody collects two different types of information through our website: anonymous information and personally identifiable information.

Anonymous Information. First, we collect and store anonymous, aggregate information (such as internet protocol (IP) addresses, browser types, search engines, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks) from all visitors to our website. You may search our website for car models, prices and other information provided through our website without ever submitting your name, email address or any other personally identifiable information. The anonymous information that we do collect from your visit is never linked to any of your personally identifiable information until you voluntarily submit that personal information, in which case some otherwise anonymous information may be connected to your website activity and personal account. Otherwise, the anonymous information is only used in the aggregate to analyze trends, administer the website, diagnose any problems, track a visitor's movement in the aggregate, and gather broad demographic information for aggregate use. We may provide this anonymous information in aggregate form to other parties or use it for our own insight or marketing purposes. Our ability to use this information is not restricted in any way.

We also use "cookies" and "image tags" to collect certain usage information from all customers and visitors to our website. A "cookie" is a small text file that a website can place on your computer’s hard drive or on your mobile device’s memory in order to collect information about your activities on our website. An "image tag," also known as a clear GIF or web beacon, works together with cookies and is a small image file that may be located in various areas of our website. Most browsers automatically accept cookies, but you have the option to change your browser setting to decline them.

Accepting cookies in no way gives us access to your computer or any personal information about you, since cookies are not used to identify anonymous website visitors. Our cookies enable you to proceed smoothly through our website and know whether you’ve used it before, so as to eliminate some steps that apply to new visitors. Cookies also give us usage data like how often you visit, where you go on our website, and what you do while here.

Similarly, a cookie may be placed by our third-party advertising companies. These companies may use aggregated statistics about your use of our website and third party media in order to provide you with advertisements about goods and services that you may be interested in. The information they collect does not include your personal information.

The third-party advertising companies may also employ technology that is used to measure the effectiveness of ads. Any such information is anonymous. They may use this anonymous information about your visits to this and other sites in order to provide advertisements about goods and services of potential interest to you. No personal information about you is collected during this process. The information is anonymous and does not link online actions to an identifiable person.

BMW of Peabody partners with third-party advertising company Google to collect information about how users navigate our website and we use many or all of their products to enhance our website experience. Like BMW of Peabody, Google is very much committed to consumer protection, to maintaining the privacy of your personal information and to making ads safe, unobtrusive and relevant for you.

Google uses this information only to generate anonymous visitor profiles, which do not contain personally identifiable information. These anonymous profiles are used to provide you content specifically tailored to you. To learn more about how Google collects and manages information, or to opt out of Google’s collection of information about how you navigate our website, please go to https://www.google.com/policies/privacy/.

Google’s technologies and products, including AdSense, AdWords, Google Analytics, and a range of DoubleClick-branded services, also use cookies. When you visit a page that uses one of these products, various cookies may be sent to your browser.

Among the Google products we use is Google Analytics, a web analytics service provided by Google. Information generated by cookies about your use of our website (including your shortened IP address) is transmitted to a Google server in the U.S. and stored there. Google uses this information to evaluate your use of our website, compile reports on website activity for our website operators and to provide other services related with the website and internet use. Google may also transfer this information to third parties if required by law, or where third parties process these data on behalf of Google. For more information about Google Analytics and how it collects and processes data, please go to "How Google uses data when you use our partners' sites or apps", located at http://www.google.com/policies/privacy/partners/. To opt out of Google Analytics, please go to https://tools.google.com/dlpage/gaoptout.

To help us manage our advertising and website, Google offers many products in addition to Google Analytics, including Google’s Analytics for Display Advertisers, AdSense, AdWords, and a range of DoubleClick-branded services. BMW of Peabody participates in an integrated version of Google Analytics and DoubleClick products or services and/or other Google display ad products or services, known as Google Analytics for Display Advertisers. As with Google Analytics, you can learn more about Google Analytics for Display Advertisers, or you can opt out, by going to https://tools.google.com/dlpage/gaoptout.

We have or may enable interest-based advertising features, including remarketing, with Google Analytics in connection with other Google services. This kind of advertising based on consumer interests and your precise geographic location may, in addition to remarketing, include Google’s Adword product features known as: interest categories, similar audiences, other types of interest-based advertising and demographic and location targeting. DoubleClick advertising cookies or mobile advertising identifiers, associated with your use of our website, are or may be employed by us in all aspects of remarketing in online advertising.

"Remarketing" is simply a feature of interest-based advertising that lets us reach people who have previously visited our website. Remarketing helps us match interested people, like you, with a relevant message on our website or even when you search on Google using our keywords, use Google products like Gmail, or visit other websites. We gather information through cookies for remarketing, and similar audiences feature in AdWords, simply to make your visits relevant and allow us both to pick up where we left off on your last visit.

Our partners, including Google, use cookies to serve ads based on your past visits to our website and to show our ads on sites across the Internet. You can opt out of Google's use of cookies by visiting Google's Ads Settings. Alternatively, we may use Google DoubleClick's remarketing pixels to participate in remarketing and create a remarketing list of potential customers (this involves adding a remarketing tag, a small snippet of code that we get from Gooogle’s Ad Exchange, across all our website pages). In such case, instead of the previous link, you can opt out of DoubleClick's use of cookies by visiting the DoubleClick opt-out page or the Network Advertising Initiative opt-out page. Finally, you can opt out of any other third-party advertising partner's use of cookies by visiting the Network Advertising Initiative opt-out page.

With respect to unrelated, third party web sites, such as third party online retailers, advertisers, or unrelated sites that we may happen to link to, or web sites that link to our website, those third parties may collect personal information directly from you. The information policies and practices of these unrelated parties are not covered by this privacy policy. We do not control the privacy policies of third parties even if we may provide hyperlinks or other access to their web sites. We are not responsible or liable for their independent policies and practices. Please review their privacy policies and practices. It is your responsibility to review them and decide if you are satisfied with their protections.

Some browsers have a "do not track" feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are not currently set up to respond to those signals.

Personally Identifiable Information. Second, we require the submission of certain personally identifiable information when you use some services available on our website. For example, your use of your user name and password allows us to identify you as our customer who is seeking information in connection with our services. Our website uses a variety of contact forms and tracking phone numbers for visitors to request information, products, and services. We collect a visitor's contact information (like his or her email address or phone number) and in some cases, demographic information (like his or her zip code). In limited circumstances, such as when a visitor fills out an online credit application, we collect unique identifiers (like a social security number), and/or financial information (like age, income level, bank account or credit card numbers). We use this information to get in touch with our prospective customers about their requests, and to send them additional information about our products and services.

Note that once you have created an order or otherwise voluntarily provided personally identifiable information to us, we may use cookies to help identify you. Personally identifiable information received from you (such as IP address, phone number, email address, zip code, etc.) may be contained in or linked to a cookie. The only time that we receive such personally identifiable information is when you volunteer it by submitting it to us.

We may use cookies with personally identifiable information so that our website can remember you, enhance your online visit with us, and provide you with the information you're most likely to need. For instance, cookies allow our website to remind you of your past vehicle search interests and website activity and to suggest similar products and services. In some cases, cookies may improve your shopping experience and we use information gained through cookies to track your website activity and to deliver you content specific information

Any financial information we collect is used to check the qualifications of our prospective customers and bill for products and services ordered. If you apply for financing or wish to purchase or lease a car through our online system, we may collect personal information such as your name, address, driver's license number and state, social security number and other credit information. This information goes into a secure database and is used solely to provide the service you requested. The collection, use and storage of your financial information for credit checks, for arranging credit and loans or for purchasing products and services may be subject to additional privacy policies and if so, you will be notified of them at the time of any such collection, use or storage of your financial information as required by law.

Our online surveys may ask visitors for contact information (like an email address or phone number) which they may voluntarily provide. We also may run contests on our website in which we ask visitors for similar contact information in order to participate. We use contact information from our surveys and contests to send information about products and services to these participating visitors.

2. Our Use Restrictions on Your Personally Identifiable Information

BMW of Peabody does not sell, rent, or share personally identifiable information to or with any third party not affiliated with or owned by BMW of Peabody, except service providers who may assist us in such areas as our promotions, credit checks, data storage and order processing (See Agents and Vendors below). BMW of Peabody will never give or sell your personally identifiable information to unaffiliated third parties to be used for the purposes of sending you unsolicited commercial offers, such as spam. We may, however, use your personal information to send you commercial offers in e-mails from BMW of Peabody or its affiliated companies, which do not relate to the products or services you have ordered. You may altogether avoid or opt out of these marketing campaigns (see "Opting Out" below).

We may also need to contact you for purposes other than marketing, for example to provide notice about the status of our website or the specific services you have requested. We also use this information to the extent necessary to enforce our website terms of service and to prevent imminent harm to persons or property. You may not opt-out of these kinds of communications. Consistent with our change policy (see "Your Consent and Notification of Changes" below), we will post any updates or notices about material changes in our policies on collection and use of your personally identifiable information to this Privacy Policy page.

3. Third Party Information About You

Our website supplements the information that you provide with information that we obtain about you from third parties, such as credit bureaus and other sources. To the best of our knowledge, we only deal with reputable providers who gather and maintain information in accordance with all applicable state and federal laws. Any such information will be maintained by us in accordance with the standards set forth in this Privacy Policy along with other personal information you've provided.

4. Our Agents and Vendors

BMW of Peabody may use other companies and/or individuals to perform any functions described in this Privacy Policy, on our behalf. Examples include marketing, credit checking, data and network hosting, service reminders, verification of sales, order processing and fulfillment, administering contact information and e-mail services and running special promotions. Such parties only have access to the personal information needed to perform these functions and may not use or store the information for any other purpose. We obtain commitments from these agents and vendors working on our behalf to refrain from using any information provided by BMW of Peabody to send you unsolicited e-mail messages from third parties or similar communications and from sharing your information with unrelated parties.

5. Disclosure of Personal Information As Required By Law or Otherwise

We will disclose personal information when required by law, or if we have a good-faith belief that such action is necessary to (a) comply with a current judicial proceeding, a court order or legal process served on us or to comply with the request of a law enforcement agency, (b) protect and defend our rights, or (c) protect the rights, property, and other interests of our users or others.

6. Links

Our website may contain links to websites not operated by us, as well as third party widgets and applications. Once you leave our website, we suggest that you review the applicable privacy policy of the third party website or application. BMW of Peabody is not responsible for the privacy practices or content of these other sites. We encourage you to be aware when you leave our website and to read the privacy statements of each and every site that collects personally identifiable information from you. Our Privacy Policy applies solely to information collected by our website.

7. Security

BMW of Peabody takes commercially reasonable precautions to protect your personally identifiable information. For example, we encrypt communications through our website with commercial strength encryption generally used by our industry. However, given the nature of the Internet and the fact that network security measures are not perfect, we cannot guarantee the absolute security of your information. If we are required to provide notice to you of a data security breach, the notice will be provided in electronic form.

8. Your Consent and Notification of Changes

By using any of our website or submitting information to us online, you agree that we may collect and use this information as stated in this Privacy Policy at the time we collect the information. If we decide to change our Privacy Policy in any material way, for a reasonable time we will post a concurrent notice to this Privacy Policy page on our website to alert you about the change in our privacy and information collection practices. In addition, if we make any material changes in our privacy practices that affect your personally identifiable information already stored in our database, we apply those changes to the personally identifiable information in our possession only as permitted by applicable law.

9. Opting Out

Visitors and customers have the opportunity to opt-out of receiving specific types of communications from us and our partners, such as e-mail, by not providing personally identifiable information at the point where our website requests such information about you. In addition, you may unsubscribe or opt out of all future e-mails from us, that do not relate to the products and services you have ordered, by clicking the unsubscribe link on any email marketing communication you receive.

10. Further Information about Our Privacy Policy and Practices

This Privacy Policy applies to all visitors and customers of our website. We may delete any or all of your information at any time without notice to you for any reason or no reason unless otherwise required by law to retain it. You may have other privacy protections under state laws and we will comply with any applicable state laws when we disclose information about you. This Privacy Policy replaces any previous policy on this topic and any statements or disclosures to you about our information practices.