Whitlock Motors PRIVACY STATEMENT/CDC/ADA (Updated on 12-18-2021):
Welcome to Whitlock Motors, (“we,” “us” or “our”). Our dealership takes your privacy seriously and is committed to safeguarding your privacy both online and at our dealership. We abide by all the CDC standard policies at Whitlock Motors, as well as ADA compliance.
We are wanting to ensure that our website and dealership are accessible to all our potential customers. Whitlock Motors continuously makes modifications to increase the accessibility and usability of this website, by the main international standards organization for the Internet. Accessibility and usability are not always possible in every area of the website or for those visitors using assistive technologies and devices. Please be advised that our efforts are ongoing, and we continue to improve our designs based upon your feedback.
What are Whitlock Motors, job applicants’, and employees’ rights under the ADA Act?
Whitlock Motors is covered by the ADA and are prohibited from discriminating against employees and job applicants in all employment practices, including, job application procedures, hiring, firing, promotions, compensation, training, and conditions of employment.
Which medical conditions are, and are not, protected under the ADA?
A "serious health condition" is not necessarily an ADA "disability." An ADA "disability" is an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment prior to being hired.
How does Whitlock Motors comply, and how do the Federal and State laws interact?
Whitlock Motors complies with national legislation & standards: ADA, WCAG 2.1, Section 508 & EN 301549. Whitlock Motors opens the Internet for users for our website with disabilities and will comply with legislation 24/7 when made aware.
Whitlock Motors understands “reasonable accommodation” and “major life activities” for its employees.
Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
Whitlock Motors understands why it’s employer/employee interactive dialogue is so important?
The interactive process begins when Whitlock Motors receives notice that an employee is affected by a disability that is covered by the ADA. Although notice to Whitlock Motors typically occurs when the employee provides medical documentation and requests an accommodation, it can also take place through observations of supervisors and managers at Whitlock Motors The ADA applies if Whitlock Motors "regards" an employee as disabled.
Whitlock Motors examples of reasonable accommodations that an employer may have to provide:
Examples of reasonable accommodations include making existing facilities accessible; job restructuring; part-time or modified work schedules; acquiring or modifying equipment; changing tests, training materials, or policies; providing qualified readers or interpreters; and reassignment to a vacant position.
What are the limitations on the obligation to make reasonable accommodations?
The only statutory limitation on Whitlock Motors obligation to provide "reasonable accommodation" is that no such change or modification is required if it would cause "undue hardship" to the employer.
What are the recordkeeping and posting requirements for Whitlock Motors under the ADA?
The federal Americans with Disabilities Act (ADA) requires Whitlock Motors to store all information collected because of disability-related inquiries, examinations, and the interactive accommodation process as a confidential medical record, regardless of how it was obtained.
At Whitlock Motors, from social distancing, wearing masks, and disinfecting all the interior vehicles surfaces for customers have become standard. We want our customers to feel safe and secure when purchasing their next vehicle from Whitlock Motors.
We collect the following categories of information from and about you: Usage Information: Anytime you visit our sites, we may gather certain information regarding the means you use to access our sites. This information may include the type and version of your browser, your service provider, your IP address, and any search engine you may have used to locate the sites. We use this information to help diagnose problems with our server, administer the sites, and compile broad statistical data. In addition, we gather certain navigational information about where you go on our sites. This information enables us to determine which areas of the sites are most frequently visited and helps us to tailor the sites to the needs and interests of our online visitors. Such information is gathered by us in the aggregate and will not be associated with a specific individual without that individual's consent.
Information Voluntarily Provided on the Sites: We may collect information you voluntarily provide to us (i.e., contact information such as name, e-mail address, etc.), such as when you enroll in one of our courtesy email reminder for vehicle-related services (“E-Mail Reminder Services”), schedule service appointments, request information, or use any of the other interactive portions of our sites (i.e., our used car appraisal tool, express store, etc.). The personal information you provide to us will be shared with Whitlock Motors and may be used for their own marketing purposes.
Information Provided at Our Dealership: We may collect information you voluntarily provide to us at our dealership, for example, if you test drive a car, purchase a car, or bring your car in for service. Such information may include contact information, such as your name, e-mail address, payment information, and insurance information, as well as other information about your car. We may collect financial information if you wish to obtain financing for a car purchase.
Information Collected from Other Sources: To help us better understand and respond to your needs and interests, we may in the future receive information about you from other sources, such as third-party referral sites. We will ask any provider of such information to represent and warrant that the information has been gathered and maintained in accordance with all state and federal laws. Any such information will be maintained by us in accordance with the standards set forth in this Privacy Statement along with other personal information you have provided.
USE OF INFORMATION COLLECTED:
We use the information we collect from you for the following purposes:
To provide our Services.
To tailor your experience on the sites.
To improve user experiences by making our Services easier to use and navigate.
To send you marketing communications.
To respond to your requests and inquiries.
To comply with CDC/legal and/or safety requirements.
For other legitimate business purposes.
DISCLOSURE OF PERSONAL INFORMATION:
We collect and maintain the personal information of our consumers for our use. We do not disclose consumer information to third parties, other than as described below, and never without your consent.
Business Partners: Our dealership may partner with select retailers and other companies at various times to provide expanded Services, such as to offer financing and/or certain loyalty programs. As part of such a relationship, we may share with these companies the use of certain interactive site functions (i.e., the E-Mail Reminder Service). Information provided by users of the Services through the use of such interactive functions may be available to both our dealership and our partners.
Agents: Our dealership may use other companies and individuals, such as dealership management system providers, customer relationship management system providers, and marketing partners to perform certain functions on our behalf. Examples include administering 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. Subscribers or site visitors will never receive unsolicited e-mail messages from agents working on our behalf.
Business Transfers: If our dealership undergoes a direct or indirect reorganization process including, but not limited to, mergers, acquisitions, and sales of all or a particular portion of its business assets, consumer information may be one of the business assets transferred as part of the transaction.
CDC/Compliance with Law/Safety: Our dealership may disclose specific personal information based on a good faith belief that such disclosure is necessary to comply with or conform to the law or that such disclosure is necessary to protect the users of our Services, our sites, or the public.
With Consent: Other than as set forth in this Privacy Statement, you will be notified when any personal information about you may be shared with third parties, and you will be given the opportunity to decline to share that information.
Some cookies are essential to enable you to move around our sites and use their features, such as accessing secure areas of our sites. Without these cookies, we cannot enable appropriate content based on the type of device you are using.
Personal information collected via cookies for analytics purposes may include information about your browser, network, and device; web pages you visited prior to coming to our sites; IP address; clicks; internal links; pages visited; scrolling; and searches. We use this information to learn about site traffic and activity. Whitlock Motors uses Google Analytics to measure how you interact with our sites. Google also provides instructions on opting-out of Google Analytics as well.
COLLECTION AND USE OF INFORMATION FROM CHILDREN:
Our Services are not intended for children. We do not knowingly collect personal information from children, and none of our Services are designed to attract children. If Whitlock Motors learns that a person under the age of 13 has provided personal information to us, we will delete such personal information as soon as possible.
ACCESSING OUR SITES FROM OUTSIDE OF THE UNITED STATES:
If you are visiting our sites from a location outside of the U.S., your connection will be through and to servers located in the U.S. Any information you provide during your visit will be processed and maintained on our server and other internal systems located within the U.S. You acknowledge that by providing your personal information to us, your personal information (i) will be used for the uses identified above in accordance with this Privacy Statement, and (ii) may be transferred to the U.S. as indicated above, in accordance with applicable law.
The personal information record created through your registration with our sites can only be accessed with the unique password associated with that record. To protect the integrity of the information contained in this record, you should not disclose or otherwise reveal your password to third parties. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. Please let us know immediately if you believe your password or record has been compromised.
Whitlock Motors will take reasonable physical, electronic, and managerial measures to safeguard and secure any personal information you provide to us. Please understand, however, that no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to Whitlock Motors, and you understand that any information that you transfer to us is done at your own risk. If we learn of a security system breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Services or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. We may post a notice via our sites if a security breach occurs. We may also send an email to you at the e-mail address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Whitlock Motors may make chat rooms, forums, message boards, and/or news groups available to you at various times. Please remember that, unless otherwise stated, any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information in these areas. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN PUBLIC POSTING AREAS.
Please note that anytime you provide Whitlock Motors with your email address, you will be opted-in to receive both marketing and informational communications from our dealership. You may always opt-out of receiving future marketing communications from our dealership. Users may opt-out of receiving such communications through the unsubscribe link provided in each communication. When you unsubscribe from certain marketing communications, you may be given the opportunity to unsubscribe from other marketing communications on an individual level. Additionally, we may send you information regarding our Services, such as information about changes to our policies and other notices and disclosures required by law. Generally, users cannot opt out of these communications, but they will be primarily informational in nature, rather than promotional.
HOW WE RESPOND TO DO NOT TRACK SIGNALS:
At this time Whitlock Motors does not recognize automated browser signals regarding tracking mechanisms, which may include Do Not Track instructions.
If all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personal information collected via the Services.
DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE:
By using the Services, you and Whitlock Motors agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services or the breach, enforcement, interpretation, or validity of this Privacy Statement or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to:
Whitlock Motors, 2825 BIG HORN AVE, CODY, WY 82414
Both you and Whitlock Motors agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS OR CONSOLIDATED CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Statement, including any claim that all or any part of this Privacy Statement is void or voidable.
CHOICE OF LAW:
This Privacy Statement has been made in and shall be construed in accordance with the laws of the State of Wyoming, without giving effect to any conflict of law principles. Any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the State of Wyoming and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
CHANGES TO THIS PRIVACY STATEMENT:
Whitlock Motors reserve the right to change this Privacy Statement from time to time. When we do, we will also revise the “Last Updated” date above. If we make material changes to the Privacy Statement, we will notify you by placing a prominent notice on our sites and/or by sending you an e-mail at the e-mail address we have on file for you. We encourage you to periodically review this Privacy Statement to keep up to date on how we are handling your personal information.
If you have questions concerning this Privacy Statement or the privacy practices of our dealership, you may contact us @ (307) 587-5776.