Effective July 1, 2020
ImpactWare, LLC (“ImpactWare”), maintains and owns this website (“Service”) which is accessible through the internet. ImpactWare is hereinafter referred to as, “Service Provider” or “We”. This Service is offered as a service for customers of the dealership or dealership group (collectively “Dealership”) listed on the Service’s welcome screen, Service’s email communication, or the dealership selected by customer. By accessing or using this Service, you agree to be legally bound by this Privacy Policy and Terms of Use (“Agreement”).
You agree that your use of this Service and all related services are made accessible as a means to deliver communications from a Dealership about vehicle sales, vehicle services, vehicle recalls and/or vehicle marketing communications. You also agree that this Service is available for your use, subject to the Agreement terms you have agreed to, any additional Agreement terms described herein, and any changes to this Agreement published in the future, with or without prior notification. Updated Agreement terms are available within the Service.
We use cookies and other tracking technologies (such as Ad Roll) to assist with navigation, improve our products and services, assist with our marketing efforts, and provide content from third parties. Cookies and other tracking technologies assist in remembering your site visit and information, assist in delivering content-specific information to you, and track visitors navigating the Service. This Service may use session cookies, persistent cookies, web beacons and other tracking technologies. Session cookies are temporary bits of information that are erased once you exit your web browser window or otherwise turn your computer off. Persistent cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Web beacons are (also known as internet tags, single-pixel GIFs, clear GIFs, and invisible GIFs) a tiny graphic on a web page or in an e-mail message that is used to track pages viewed or messages opened.
When you interact with this Service, we may use Cookies to:
Most internet browsers allow you to change your browser settings to notify you when you receive a cookie. You have the option to accept or deny the cookie; or it can automatically refuse all cookies. Please be aware that some functionality of our Service that rely on the use of cookies may not be available if you refuse all cookies. You may opt out of a third-party vendor's use of cookies by visiting the Network Advertising Initiative opt-out page. Additionally, we do not control third-party cookie management tools, so we cannot guarantee their effectiveness.
By continuing to use this Service you agree to our use of cookies in accordance to this Agreement.
Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals; therefore, we do not recognize DNT.
This Service offers social networking users the opportunity to interact with friends and to share on social networks. By logging into this Service with your social networking account, you grant the Dealership and/or Service Provider, permission to access all of the elements of your social network profile information that you have made available to be shared and to use it in accordance with the social network’s terms of use and this Agreement.
To ensure the Dealership and/or Service Provider is able to communicate effectively with our Service users, we collect personally identifiable information to better serve your needs. Personally identifiable information can be described as, information that helps identify an individual to whom the information applies. When you access, use, or log into this Service, you are not anonymous to us.
We collect the following information when you interact with this Service:
We use the information collected to:
We may provide your personal information to third-party affiliates and nonaffiliates. Third-party affiliates are companies related by common ownership or control. Third-party nonaffiliates are companies that are not related by common ownership or control. Third-party nonaffiliates provide products and services to help us with our business activities, such as marketing, advertising and related services. These third-party affiliates and nonaffiliates are authorized to use your personal information only as necessary to provide these products and services to the Dealership and/or Service Provider. We only share your personal information with third-party affiliates and nonaffiliates, who are required to protect your personal information and have adopted privacy policies of their own although they are not subject to our control. Third parties are required to treat personal information as confidential.
We may share the information collected as required or permitted by law:
SERVICE PROVIDER MAY SHARE AGGREGATED INFORMATION THAT DOES NOT INCLUDE PERSONAL INFORMATION AND SERVICE PROVIDER MAY OTHERWISE DISCLOSE NON-IDENTIFYING INFORMATION AND LOG DATA WITH THIRD PARTIES FOR INDUSTRY ANALYSIS, DEMOGRAPHIC PROFILING AND OTHER PURPOSES. ANY AGGREGATED AND NON-IDENTIFYING INFORMATION SHARED IN THESE CONTEXTS WILL NOT CONTAIN YOUR PERSONAL INFORMATION.
The services offered through this Service use location-based data. If you allow these services, we will collect information about the Wi-Fi routers closest to you and the cell IDs of the towers closest to you. We use this information to provide the requested location-based service. You will be granting us permission to use location-based services; you have the option to turn off location-based services in your mobile device.
We use the location-based services to:
The security of your personal information is important to us. When you provide sensitive information to us, we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and receipt. No method of transmission or method of electronic storage is 100% secure; therefore, we cannot guarantee absolute security.
We will retain your information as long as your account is active or as needed to provide you services. If you wish to cancel your account, you may disconnect your social networking account from this Service at any time by following the removal protocol required by your mobile device, social network, or relevant software. You may request that we no longer use your information to provide you services through this Service by contacting us at legal@ImpactWare.net. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or submit your request by completing the Unsubscribe form.
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. You agree that you will only use iOS Mobile Wallet, Android Mobile Wallet, Facebook or Google login on a device owned by you and you agree to keep your device and login information secure. As a user of this Service, registered with a password or not, it is your responsibility to maintain confidentiality of your password, if applicable, and you agree not to share your password, if applicable, with anyone or allow anyone to use your account.
You also agree to take full responsibility for any activity that occurs through the use of your account. To access this Service, you may be asked to provide personally identifiable information such as your name, address, phone number and zip code, etc. Contact information that you provide during registration or through your use of the Service will be used to identify and access data in the existing relationship with the Dealership. Information you enter during registration may replace information on your Dealership customer record.
OUR SERVICE IS ONLY FOR INDIVIDUALS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, OUR APPLICATION IS NOT INTENDED FOR USE BY MINORS.
When you visit or use our Service, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, text, or by posting/pushing notices through this Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Service users acknowledge that there may be interruptions to this Service or linked services that are beyond the Service Provider’s control. While we use reasonable efforts to keep the Service accessible, the Service may be unavailable periodically for any reason including, without limitation, routine maintenance. You acknowledge that access to the Service may be interrupted, suspended or terminated by Service Provider in its sole discretion. Service Provider reserves the right, in our sole discretion, to deny use of or access to the Service for any reason without warning.
Service Provider does not control the security of the Internet or other networks you may use to access this Service. You acknowledge that Service Provider is not responsible for the security of or the loss of any information transmitted to the Dealership, Service Provider, or third-party affiliates.
Service Provider does not use the Service to knowingly solicit information or market to children under 13 years of age. If you become aware that your child is accessing the service or has provided information without your consent, please contact legal@ImpactWare.net. We will delete the information from our files within a reasonable period of time.
If you are a California resident, California Civil Code Sections 1798.100 permit you to make requests to access categories and specific pieces of personal information about you, as well as to request to delete personal information about you. For the purposes of this section, “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
In some circumstances and subject to certain exceptions, California residents have the right to information and access; deletion; data portability; object to the sale of your information; and the right to nondiscrimination.
You may opt-out of the sale of your personal information, by visiting the California Do Not Sell My Personal Information Request Page.
If you live outside the United States and you use this Service or provide us with information directly through the Service, your information will be handled in accordance with this Agreement. By using this Service or giving us your information you are directly transferring your information to us in the United States. The United States may not have the same level of data protection as your jurisdiction. However, you agree and consent to our collection, transfer, and processing of your information in accordance with this Agreement. You are solely responsible for compliance with any data protection or privacy obligations in your jurisdiction when you use this Service or provide us with information. Regardless of where we transfer your information, we still protect your information in the manner described in this Agreement.
YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE IS AT YOUR SOLE RISK. NEITHER SERVICE PROVIDER OR THE DEALERSHIP, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE, OR MATERIALS PROVIDED THROUGH THIS SERVICE.
THIS SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES RELATING TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS APPLICATION, UNDER ANY CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SERVICE PROVIDER AND THE DEALERSHIP IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE APPLICATION USER.
IN NO EVENT SHALL SERVICE PROVIDER OR THE DEALERSHIP, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, SERVICE PROVIDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SERVICE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THIS SERVICE OR THIS AGREEMENT. THE TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED TEN DOLLARS AND NO CENTS.
You agree to defend, indemnify and hold harmless Service Provider and the Dealership, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with this Service or any use of this Service in violation of this Agreement.
You are solely responsible for your interactions with the Dealerships and other users of this Service. To the extent permitted under applicable laws, you hereby release Service Provider and the Dealership from any and all claims or liability related to any product or service offered by a third-party through this Service, any action or inaction by a third-party, including the third-party’s failure to comply with applicable law and/or failure to abide by the terms of Service Provider and the Dealership, and any conduct or speech, whether online or offline, of any other user.
The Service, excluding linked sites and third-party services offered through the Service, is controlled by ImpactWare from its offices within the state of Ohio, United States of America. By accessing the Service, the Service user agree that all matters relating to your access to, or use of, the Service shall be governed by the statutes and laws of the State of Ohio, without regard to the conflicts of laws principles thereof. The Service user also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of Ohio, Hamilton County with respect to such matters.
We reserve the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable. If we make changes they will be effective immediately for users of this Service after the effective date of the change. We suggest that you revisit this Agreement periodically to stay informed of any such changes to this Agreement and Service. Your use of this Service after we update this Agreement will constitute acceptance of the modified Service and the Agreement.
We also reserve the right to change or discontinue any aspect or feature of this Service including, but not limited to, requirements for access or use.
Everything located on or in this Service is the exclusive property of ImpactWare or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFICATION OF THIS SERVICE WITHOUT THE EXPRESS WRITTEN PERMISSION OF IMPACTWARE IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
This Service, which includes content from the Dealership, Service Provider, and other third-parties, contains copyrighted material, trademarks and other proprietary information, including but not limited to, text, software, photos, video, graphics, and sound; the entire contents of this Service are protected by copyright as a collective work under the United States copyright laws. ImpactWare owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of ImpactWare or the copyright owner is permitted. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
We may act as the Sponsor or Administrator of many promotional programs, some which may operate simultaneously across the United States. You agree to read the Official Rules, comply and ensure eligibility for each individual promotional program in which you enter. By entering a promotional program, you will not be eligible to receive any prize awarded in any other promotional program unless you enter each promotion separately. Each promotional program we Sponsor or Administer is only available for individuals who can form legally binding contracts under applicable law.
Please contact us if you have any questions about this Service and its services. If you have any questions or comments about our privacy practices, this Agreement, or intellectual property concerns, you can reach us via email at legal@ImpactWare.net or via postal mail at the following address:
ImpactWare, LLC
Attention: Legal
PO Box 546
Bloomfield, New Jersey 07003
The provisions of this Agreement shall apply equally to and are for the benefit of Service Provider, its subsidiaries, affiliates, nonaffiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.