99 Drive, LLC Privacy Policy

Effective date: 13 February 2022

This Privacy Notice is also part of our Terms and Conditions, which govern your use of our website.

Welcome to 99 Drive.

Protecting your private information is our priority. This Privacy Notice applies to all information (including personal information) collected by 99 Drive, LLC (“99 Drive,” “we,” “our,” or “us”) through your use of our website, www.99drive.com (the “Site”). The word "User(s)” means any Person (also referred to as "you" or "your") visiting, accessing, or using the Services. The word "Person(s)" means any natural person, sole proprietorship, corporation, partnership, or other entity whatsoever. The word "or" includes the word "and." The words "includes" or "including" means "includes, but is not limited to" or "including, but not limited to." 

You may provide information to us offline, through any other sites, applications, software, features, events, surveys or studies, or content offered by us from time to time that link or otherwise refer to this Privacy Notice (collectively, including the Site, the "Services"). For purposes of this Privacy Notice, "personal information" means information that relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. We are committed to respecting and protecting the privacy of our users.

Please read this Privacy Notice carefully before you start to use the Services.  BY ACCESSING AND/OR USING THE SERVICES, YOU EXPRESSLY CONSENT AND AGREE TO BE BOUND AND ABIDE BY THIS PRIVACY NOTICE AND OUR TERMS AND CONDITIONS INCORPORATED HEREIN BY REFERENCE, AND TO COMPLY WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS (COLLECTIVELY, “APPLICABLE LAWS”).  In addition, your use of our Site indicates your consent to 99 Drive, dealership partners, or our affiliates contacting you by telephone, through text message, by U.S. mail, or electronic mail (e-mail) to the contact information that you provide us. If you do not want to agree to this Privacy Notice and the Terms of Use, you must not access or use the Services.

This Privacy Notice applies to our collection, use, and retention (“processing”) of Personal Information, which identifies, or can be used by us or our behalf to identify an individual, household or device (“Personal Information”).

This Privacy Notice describes the types of information we collect on the Site, how we may use the information, with whom we may share it and the choices available to you regarding our use of the information.

TABLE OF CONTENTS

  1. WHAT TYPES OF PERSONAL INFORMATION DOES 99 DRIVE COLLECT AND HOW DO WE COLLECT IT?

  2. HOW DOES 99 DRIVE USE YOUR PERSONAL INFORMATION?

  3. FOR WHAT PURPOSES DOES 99 DRIVE PROCESS OR SHARE YOUR PERSONAL INFORMATION?

  4. WHO DOES 99 DRIVE SHARE YOUR PERSONAL INFORMATION WITH?

  5. HOW CAN I CORRECT OR UPDATE MY PERSONAL INFORMATION OR OPT-OUT AND UNSUBSCRIBE FROM ANY OR ALL COMMUNICATIONS?

  6. HOW DOES 99 DRIVE PROTECT MY PERSONAL INFORMATION?

  7. HOW LONG DOES 99 DRIVE RETAIN YOUR PERSONAL INFORMATION AND WHERE IS PERSONAL INFORMATION STORED?

  8. CHILDREN’S PRIVACY

  9. CHANGES TO OUR PRIVACY NOTICE AND COMMUNICATING CHANGES

  10. LEGAL DISCLAIMER AND NOTICES

  11. THIRD-PARTY SERVICES

  12. SEVERABILITY

  13. CONTACT INFORMATION

  14. TRACKING TECHNOLOGY

  15. CALIFORNIA PRIVACY RIGHTS



  1. WHAT TYPES OF PERSONAL INFORMATION DOES 99 DRIVE COLLECT AND HOW DO WE COLLECT IT?


FROM USERS

Identifiers: Examples might include your name, email address, phone number, credit card information, mailing address, or IP address.

Sensitive Personal Information: Financial Information

Professional or Employment-Related Information: Examples might include your employer or job position.

INFORMATION ABOUT YOUR USE OF THE SERVICES

The Services may use cookies, web beacons, pixels, and other tracking technologies to collect information about your use of the Services, including without limitation, your browser type and version, IP address, operating system and platform, when you open email that we send you, and other similar information.  This information helps us to provide the Services, including, without limitation, to improve and enhance the user experience and help us understand the behavior of our users. Cookies are messages placed on your computer or mobile device when you visit a website or page. For example, the messages store information so that our Services may immediately recognize you each time you visit. This permits us to personalize our Services for each user, allow access to the secure parts of our Services that individual users have registered for, and provide users with up-to-date information about their own account.

We may also use cookies to deliver ads, store visitor preferences, record session information (e.g., when a payment is made), record user-specific information on what pages users access or visit, track and record past activity at the Site (or on other Services) in order to provide better service when visitors return to our Site (or other Services), customize web page content based on visitors' browser type, or other information that the visitor sends.  If you choose to disable cookies, you may find that certain sections and functionalities of the Services will not work properly or at all.

Web beacons (also called web bugs and clear GIFs) are used in combination with cookies to help us understand the behavior of our users. A web beacon is typically a transparent graphic image that is placed on our site or in an email. The use of a web beacon allows 99 Drive to record the simple actions of a user opening a page that contains a beacon. When a user's browser requests information from a website in this way, certain simple information can also be gathered, such as: the IP address of your computer, the time the material was viewed, the type of browser that retrieved the image, and the existence of cookies previously set by that server. Web beacons provide a convenient way of gathering statistics and managing cookies.

99 Drive and other third parties may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.  If you want to adjust your settings or delete all local storage mechanisms, go to your browser's settings to do so.  If information is stored in local storage in addition to a cookie, you will need to remove both the local storage and the cookie in order to fully delete the information.

99 Drive and other third parties may collect certain device information from you when you use the Services from a mobile device such as the type of device you use, unique device ID, geo-location (including your precise location), wireless mobile subscriber ISDN number, IP address, operating system, browser type, and information about your use of the Services. You may also manage the information transmitted from your device from your device's settings, including opting-out of cross-device tracking. However, if you prevent tracking on your device, it will be more difficult, and may be impossible, for you to use the Services or portions of the Services.

We may merge the data we collect from your activity on the Services with data available from third parties, including, without limitation, advertisers.  We have implemented Google Analytics. You can use the Google Analytics Opt-Out Browser Add-on available at: https://tools.google.com/dlpage/gaoptout/ to disable tracking by Google Analytics.

Please keep in mind that if you directly disclose personal information or personally sensitive data through 99 Drive's website, this information may be collected and used by others.

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include:


We may use the contact information that you provide to communicate with you in relation to services and/or products you have requested or purchased from us. We also may gather additional personal or non-personal information in the future.

  1. HOW DOES 99 DRIVE USE YOUR PERSONAL INFORMATION?



We may use your Personal Information, Demographic Information, or other information that we collect about you: (1) to operate the Service, provide you with information, including sending you promotional materials, or services or processing transactions with you; (2) to improve the Services or create new service offerings, to customize your experience on any of the Services, or to serve you specific content that is most relevant to you; (3) to contact you with regard to your use of any of the Services and, in our discretion, changes to the any of the Services  and/or any of the Services’ terms or policies; (4) for internal business purposes; and (5) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Notice or as otherwise required or permitted by applicable law.  Without limiting the generality of the forgoing, we may use your information to:

Customize your visits to the Service, including (i) specifically targeting relevant advertisements, offers or content to you; (ii) understanding the usefulness of the advertisements or content that have been delivered to you; (iii) using your location information to display offers or verify certain actions; Communicate about, and administer your participation in, special events, programs, surveys, and other offers or promotions; Respond to and communicate with you about your requests, questions and comments; Operate, evaluate and improve our operations (including developing new services; managing our communications; identifying users of our Service; determining the effectiveness of our marketing and advertising; analyzing and enhancing our services and Service);  Administer the Service, and diagnose technical and service problems;

Perform data analyses and other processing (including market and consumer research, trend analysis, financial analysis, de-identification, encryption and tokenization of Personal Information); Protect against, identify and prevent fraud and other criminal activity, claims and other liabilities and harms; and comply with and enforce applicable legal requirements, relevant industry standards and our policies.

To Aggregate And Anonymize Data

99 Drive may aggregate and/or anonymize any information collected through the Services for various purposes. Once aggregated or anonymized, the information will no longer be considered "personal information" because it will no longer be able to identify you and/or any of your specific devices used to access the Services. 99 DRIVE may use such information for any purpose (e.g., research and development purposes), including sharing such information with third parties.

To Display And Target Advertisements

Your information is used to target ads and content on the Services and on third-party services. Some advertisements and other content may be delivered by third party advertising networks and advertisers that may use cookies and similar technologies and identifiers to collect and track information such as demographic information, inferred interests, aggregated information, and activity to assist them in delivering advertising that is more relevant to your interests.  We may also provide certain personal information to service providers who will match your information to information provided by other third parties (e.g., cookies) in order to allow us to provide more tailored advertisements.

  1. FOR WHAT PURPOSES DOES 99 DRIVE PROCESS OR SHARE YOUR PERSONAL INFORMATION?


Relevant personal information provided by users of the website who are submitting an automobile for sale (“Sellers”) is delivered to Dealers in furtherance of the services provided by 99 Drive.

Moreover, 99 Drive may share data with trusted partners to help perform statistical analysis, send you email or postal mail and/or provide customer support.

99 Drive may also disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to:

-Conform to the edicts of the law or comply with legal process served on 99 Drive or the website.

-Protect and defend the rights or property of 99 Drive.

-Act under exigent circumstances to protect the personal safety of users of 99 Drive, or the public.

Operational Purposes

Processing your personal information will likely be necessary to facilitate the day-to-day operation of 99 Drive. This may include: managing our relationship with you, our employees, other users/clients, vendors, Business Partners, and/or others; sharing intelligence with internal stakeholders; implementing training procedures; planning and allocating resources and budgets; performing data modelling; facilitating internal reporting; analyzing growth strategies; aggregating analytics; and/or processing personal information to create anonymized data.

Logistical Purposes

Processing your personal information will likely be necessary to enable 99 DRIVE's business operations to run more efficiently, e.g., establishing how to allocate resources or to predict future demand.

Research and Development Purposes

Processing your personal information will likely be necessary for us to deliver and/or improve our services.



Market Intelligence and Analytical Purposes

99 Drive regularly needs to conduct market intelligence so that we can better promote our services by creating a better understanding of our users' preferences.

Common metrics for evaluation could include monitoring pages and links accessed, ad performance and conversion tracking, number of posts, number of page views, patterns of navigation, time on a page, devices used, user reviews, where users are coming from, hardware used, operating system version, advertising identifiers, unique application identifiers, unique device identifiers, browser types, languages, wireless or mobile network information, etc. These metrics could be used to: personalize services and communications; determine which users should receive specialized communications based on how they use our service; create aggregate trend reports; determine the most effective advertising channels and messaging; and/or measure the audience for a certain communication.

Personalization Purposes

We may process personal information in order to enhance and personalize the experience we offer our current and/or prospective users of our services.

Monitoring Purposes

99 DRIVE may need to process your personal information in order to identify recurring problems and/or analyze the patterns of behavior of users in order to monitor the performance of, and users' behavior on, our Services.

Direct Communication Purposes

Processing your personal information may be necessary for direct communication purposes to occasionally update users on the Services, including occasional communications regarding updates to our activities, services, and/or events.

Marketing Services

99 Drive may need to process personal information in the context of marketing our services.

Fraud Detection and Prevention Purposes

Processing your personal information may be necessary for 99 Drive to help detect and prevent fraud, e.g., verifying that the registered address of the cardholder for a particular credit or debit card is the same as the cardholder's normal place of residence or work.

Updating User Details and Preferences Purposes

Processing your personal information is necessary to verify the accuracy of your user data and to create a better understanding of our past, present, and/or prospective users.

Network and Information Security Purposes

Processing your personal information may be necessary for the purposes of ensuring our network and information security, e.g., monitoring users' access to our network for the purpose of preventing cyber-attacks, inappropriate use of data, corporate espionage, hacking, system breaches, etc. This could include preventing unauthorized access to electronic communications networks and malicious code distribution and stopping "denial of service" attacks and damage to computer and electronic communication systems.

Business Continuity and Disaster Planning Purposes

99 Drive may process your personal information because it is necessary to allow for the backup and protection of your information (e.g., utilizing cloud-based services to archive/protect data) in order to ensure that such information is not improperly lost or modified. Such processing is also necessary to archive/protect data in accordance with legal, regulatory, organizational, and/or contractual obligations.

Compliance with Laws and Regulations Purposes

99 DRIVE is subject to binding legal or regulatory obligations and may need to process your personal information in order to comply with such laws or regulations. Examples could include: complying with reporting obligations; complying with screening obligations; responding to law enforcement requests; and/or responding to judicial/regulatory agency requests.

Reporting Potential Threats to Public Security and Safety Purposes

99 Drive may need to use personal information to report possible criminal acts or threats to public security/safety that we identify as part of our processing activities to a competent authority.

To Fulfill Other Purposes That You Have Consented To

Your information will also be used to fulfill any other purpose for which you provide the information or otherwise provide your consent for 99 DRIVE and/or other third parties to use such information – assuming such use is consistent with applicable laws and regulations.

  1. WHO DOES 99 DRIVE SHARE YOUR PERSONAL INFORMATION WITH?


99 Drive shares personal information as stated in this Privacy Notice and in accordance with Applicable Laws. We do not share your personal information with others except as indicated in this Privacy Notice or when we inform you and give you an opportunity to "opt-out" of having your personal information shared. Below are categories of third-parties that we may share your information with:

Dealers

When 99 Drive matches a Seller and a Dealer, we provide the Seller’s name, phone number and email to the Dealer.

Service Providers

We also may share your personal information with service providers who perform services on 99 Drive's behalf. Your information is generally shared with service providers so that 99 Drive can streamline and enhance users' experiences with the Services. Service providers could include parties that perform research services, provide operational support, provide marketing platforms, handle payments, create content for the Services, etc.

For example, your payment information may be shared with third parties who perform tasks required to process a payment.

Governmental Entities

We may share your personal information with competent governmental authorities when required by law and/or as necessary to protect 99 DRIVE, its personnel, other users, and/or the Services.

  1. HOW CAN I CORRECT OR UPDATE MY PERSONAL INFORMATION OR OPT-OUT AND UNSUBSCRIBE FROM ANY OR ALL COMMUNICATIONS?


If your personal information changes (such as your mailing address), you can log into your account and correct it yourself. If you no longer desire to use our Services and wish to have your personal information removed from our system, contact us by email at privacy@99drive.com.

With the exception of the mandatory administrative emails mentioned above (transactional and business relationship messages), recipients have an opportunity to update their email communication preferences.  

Users may opt-out of receiving any or all communications from third-party partners of 99 Drive by contacting us here: privacy@99drive.com. If you would like to stop receiving marketing or promotional communications via email from 99 Drive, you may opt out of such communications by replying "STOP" or clicking on the "UNSUBSCRIBE" button.

  1. HOW DOES 99 DRIVE PROTECT MY PERSONAL INFORMATION?


Security Measures & Safeguards

The security of our users' information is very important to us. When users submit personal information via the Services, that information is protected by generally accepted industry standards, and in accordance with applicable data privacy laws, including both online and offline security measures and safeguards. The 99 Drive uses a combination of administrative, technical, personnel, and physical measures to safeguard personal information in its possession against loss, theft, and unauthorized use, disclosure, or modification. While we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.

99 Drive uses SSL protocol to secure your personal information. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

IF YOU HAVE REASON TO BELIEVE THAT YOUR INTERACTION WITH US IS NO LONGER SECURE, PLEASE IMMEDIATELY NOTIFY US OF THE PROBLEM.  However, please remember that no method of electronic storage or transmission over the internet is one hundred percent (100%) secure and, therefore, while we strive to use commercially reasonable means to protect your personal information, and will comply with applicable data privacy laws, we cannot guarantee the absolute security of such information.

Phishing

Phishing is a term used to describe a type of Internet scam in which inauthentic communications that appear to be coming from a legitimate source are sent in an attempt to trick you into providing confidential information. These communications usually invoke a sense of urgency and often imply that your account is about to be closed unless immediate action is taken. As an example, phishing emails will often ask you to click on a link that leads you to a webpage that simulates that of the legitimate source, but it is really a page specially designed to get you to input your confidential information such as your account number, password, social security number, or credit card number. The thieves then use that information to commit fraud and identity theft.

If you ever question the legitimacy of an email or other communication from 99 Drive, please email us at privacy@99drive.com.

If you believe you have been the victim of a scam, you can file a complaint with the Federal Trade Commission at: www.consumer.gov/idtheft/.

  1. HOW LONG DOES 99 DRIVE RETAIN YOUR INFORMATION AND WHERE IS PERSONAL INFORMATION STORED?


We will retain your information for the period necessary to fulfill the purposes for their collection as outlined in this Privacy Notice, unless a longer retention period is either mandated by the 99 DRIVE's contractual requirements, internal policies, or otherwise required or allowed by law.  It is not always possible to completely remove or delete all of your information due to technical constraints, contractual, financial, or legal requirements. Where it is not possible to remove or delete all information, 99 Drive shall continue to safeguard your information as detailed herein.

99 Drive may store your personal information on servers provided by third party hosting vendors with whom we have contracted.

  1. CHILDREN’S PRIVACY


We understand the importance of protecting children’s privacy. We are a general audience service and do not use the Service to knowingly collect personal information from children under the age of thirteen (13) without verified parental or guardian consent.


99 DRIVE complies with the Children’s Online Privacy Protection Act (COPPA), and if you believe we have information regarding your child who is under the age of 13 that you have not authorized, you may email us at privacy@99drive.com to request that we delete it.

If you are a child under thirteen (13) years of age, you are not permitted to use the Service, without parental or guardian consent, and should not send any information about yourself to us through this Service.

  1. CHANGES TO OUR PRIVACY NOTICE AND COMMUNICATING CHANGES


This Privacy Notice is subject to change at any time. All changes will be posted on the Site.  If the changes are significant, we will notify you by prominently posting a notice on our Services (e.g., through a pop-up on our homepage). Changes will become effective as of the earlier of the date we post the revised privacy notice, send an email detailing any changes, or post such a notice. While we will do our best to inform you of any changes, we encourage you to review our Privacy Notice periodically to ensure that you remain informed of changes that may have occurred, including changes that relate to what information we collect, how we use it, and how we share it.  BY CONTINUING TO USE THE SERVICES AFTER A CHANGE HAS TAKEN PLACE, YOU ARE AGREEING THAT YOU HAVE READ AND HAVE AGREED TO THE MOST CURRENT VERSION OF THIS PRIVACY NOTICE AND EXPRESSLY CONSENT TO THE USE OF YOUR PERSONAL INFORMATION AS DETAILED HEREIN/THEREIN.

  1. LEGAL DISCLAIMER AND NOTICES

Though we make every effort to preserve user privacy, we may need to disclose your personal information to others. We may share your information to provide information to our representatives, service providers, advisors, corporate affiliates, and business partners, and in the event of a change in control of 99 DRIVE and/or its affiliates, your information may be shared with the organization obtaining ownership and control. Your information may be used to protect the rights, including legal rights, and safety of ourselves and others.  Furthermore, disclosure of personal information may be required by law where we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, or legal process.  In such cases, we may raise or waive any legal objection or right available to us.

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

  1. THIRD-PARTY SERVICES

Other websites and services to which we link, through which you access the Services, or share information from the Services and which are not owned or controlled by us are not subject to the terms of this Privacy Notice.  WE ARE NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OR THE CONTENT OF ANY OTHER WEB SITES OR SERVICES AND ANY VISIT YOU MAKE TO THOSE OTHER SERVICES IS AT YOUR OWN RISK.  Third parties that support the Services, including by providing advertising or other services, such as analytics, may use tracking technologies to collect information about your use of the Services or other third-party services.  We do not control these third-party technologies or services and their use is governed by the privacy policies of third parties using such technologies.  Such third party's use of any information you share is governed by the third party's privacy notice.

  1. SEVERABILITY


If any provision of this Privacy Notice (including any attachment) is held to be invalid, illegal, or unenforceable by a court or regulatory authority of competent jurisdiction, the rest of this Privacy Notice shall remain valid and enforceable to the fullest extent permitted under Applicable Laws. To the extent that the main body of this Privacy Notice conflicts with the terms of addenda referenced herein, the addenda will control.

  1. CONTACT INFORMATION


If you have any questions about this Privacy Notice or our privacy practices, please contact us via email at privacy@99drive.com, by phone at (925) 414-3699, or you may write us at 99 Drive Attn: Privacy Department 696 San Ramon Valley Boulevard, Box 124 Danville, CA 94526.

  1. TRACKING TECHNOLOGY


There is currently no industry or legal standard for what a company should do when a Do Not Track signal is detected. Because of this, we currently do not respond to Do Not Track signals.

Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings.  Browsers offer different functionalities and options so you may need to set them separately

Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.  

 

  1. CALIFORNIA PRIVACY RIGHTS


If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. Click here to learn more about your California privacy rights.

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@99drive.com.



THIS PRIVACY NOTICE IS ALSO PART OF OUR TERMS AND CONDITIONS, WHICH GOVERN YOUR USE OF OUR WEBSITE.