Effective Date: November 1, 2020
The types of information we collect about you depend on your use of our products, services, website, and the ways that you interact with us. Specifically, we gather information from your usage of the Modal “Buy Car” button or other Modal functionality on a dealer website and/or dealer mobile app, including information you may input at the point of registration or at the point of purchase of a product or service.
We may collect information that you choose to provide using a Modal functionality on a dealer website and/or the Modal Website. For example, when you:
Information regarding your use of the Modal Website may be collected automatically. This automatically-collected information may include:
“Cookies” are small alphanumeric identifiers sent from a web server that are stored on your device for the purpose of identifying your browser or storing information or settings in your browser. “Local shared objects,” sometimes known as Flash cookies or Flash LSOs, are used to store your website preferences and to personalize your visit to the Modal Website. Flash LSOs are distinct from browser cookies because of the amount and type of data stored. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, are tiny graphics with a unique identifier, similar in function to cookies. Web beacons are embedded invisibly on web and application pages. We may use web beacons in connection with our Modal Website and services to, among other things, track the activities of website visitors and application users, help us manage content, and compile statistics about website usage, and link web pages to web servers and their cookies.
One or more of these technologies may be used on the Modal Website, or by third parties in accordance with their own privacy policies to transmit information to you or about you and connect information about you from different sources, websites, devices, and mobile applications.
We may collect information from third parties, such as dealers, sellers, manufacturers, certain government agencies, credit reporting agencies, vehicle history services, insurance companies, and other data sources. We may add information that you provide to us with information we receive from other sources, as well as with other information that is automatically collected. The combined information may include information about your use of a Modal functionality, the Modal Website, and/or your use of dealer or seller websites, devices, and mobile applications.
We may use the information we collect to:
Further, we may also combine information that we have about you. For example, we may combine:
We may share certain information about you, including personal information, with dealers, sellers, and other third parties such as manufacturers, as well as their agents and third-party service providers, who will use that information in accordance with their own privacy policies. By way of example, we may provide dealers, sellers, and other third parties, such as manufacturers, their agents, or third-party service providers with information about you when you access the Modal branded and/or Modal functionality found on their websites or other third party websites. Further, we may provide dealers, sellers, third-party providers, and/or manufacturers with information about you if you are interested in purchasing certified pre-owned vehicles.
We do not sell or otherwise share information about you that we collect or receive, except as described below:
We may collect the following categories of your personal information for business and operational purposes, such as data security, product improvement, customer service, debugging, fulfillment, marketing, analytics, and servicing and maintaining accounts:
In the event that you apply for credit by filling out a credit application through the Modal functionality on a dealer website, through a dealer, or any third party, you will be required to provide certain personal information to finish the application. This information may include: your address, credit information and history, social security number, employment information and history, financial and other information. We may share your application information with the dealership(s) you selected and/or our financial partners to process your application and use it in accordance with their own privacy policies. Your personal information will not be used for interest based advertising by us.
You are entitled to make certain choices in connection with the personal information we may have about you, including:
The CCPA provides California residents with specific rights regarding their personal information. Below is a description of your CCPA rights and an explanation of how to exercise those rights
California residents have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once you submit and we confirm your verifiable consumer request, we will relay to you:
California Civil Code Section 1798.83 entitles California users to request information concerning whether a business has disclosed certain information about you to any third parties for the third parties’ direct marketing purposes. California users who wish to request further information in compliance with this law or have questions or concerns about our privacy practices may contact us at firstname.lastname@example.org.
California residents have the right to request that we delete any of your personal information that we collected about you and retained, subject to certain exceptions in the CCPA. Once we receive and confirm your verifiable consumer request, we will delete your personal information from our records, unless an exception applies, and we will direct our service providers to similarly delete your personal information from their records.
California residents have the right to opt-out of our sale of your personal information. To the extent that we sell your personal information, as the term “sell” is defined under the CCPA, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out by sending an e-mail to email@example.com.
To exercise the access, data portability, and deletion rights described above, please submit a “verifiable consumer request” (defined below) to us by either:
Only you or someone you authorized 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.
A verifiable consumer request must:
You may only make a verifiable consumer request for access or data portability twice within a twelve (12) month period. We will not be able to respond to your request or provide you with your personal information if we cannot verify your identity or ability to make the request and confirm the personal information that you are requesting relates to you. Sending a verifiable consumer request does not require you to create a user account. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity and/or ability to make the request.
We will not discriminate against you for exercising any of your CCPA rights. 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, providing you a different level or quality of goods or services, or suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
There is currently no commonly accepted response for Do Not Track signals initiated by browsers, therefore we do not respond to them.
Address: Drive Motors, Inc. d/b/a Modal
235 Pine Street #850, San Francisco, CA 94104
We maintain administrative, technical, and physical safeguards designed to protect personal information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure, or use. Despite these protective measures, we cannot guarantee perfect security of networks, servers, and databases we operate or that are operated on our behalf.
The Modal Website products and services are not directed to children under the age of eighteen (18) and we do not knowingly collect personal information from children under the age of eighteen (18) through our products and/or services.
Revised February 2018
Please read this Federal Electronic Signatures in Global and National Commerce Act (“E-Sign”) and Uniform Electronic Transactions Act (“UETA”) Disclosure and Consent carefully and keep a copy for your records. You can record your consent to the E-Sign Disclosure and Consent by placing a checkmark in the box on the webpage. By checking the boxes on the website you consent to the electronic delivery of the disclosures, agreements, change notices, terms and conditions and any other documents. You also agree that we do not need to provide you with additional paper (non-electronic) copies of the disclosures, agreements, change notices, terms and conditions and any other documents, unless specifically requested. Once you consent to the disclosures, you may request paper copies, which may result in a fee.
In order to proceed with your application and to access, receive and retain the disclosures, agreements, change notices, terms and conditions and any other documents you must provide, at your own expense, an Internet connected device that is compatible with Modal’s application website (the “Website”) deployed at the time of access. Your device must meet the minimum requirements outlined below. You also confirm that your device will meet these specifications and requirements and will permit you to access and retain the disclosures, agreements, change notices, terms and conditions and any other documents electronically each time you access and use the Website.
If you do not want to receive the disclosures, agreements, change notices, terms and conditions and any other documents electronically, you should exit the Website. If you do not consent to receiving these documents electronically, you will not be able to continue with your application via the Website.
To receive an electronic copy of the disclosures, agreements, change notices, terms and conditions and any other documents you must have the following equipment and software:
You have the right to withdraw your consent at any time. To withdraw consent, you may send a request: (a) by email to firstname.lastname@example.org and include the words “Opt Out” in the subject line and body of your e-mail, or (b) call (866) 200-6766. If consent is withdrawn, Modal reserves the right to discontinue your access to the Website, terminate any and all agreements with you, and/or charge you additional fees for paper copies. We may treat your provision of an invalid email address or the subsequent malfunction of a previously valid address as a withdrawal of your consent to receive electronic documents.
You have the right to request a paper copy of any document; we will not provide you with paper (non-electronic) copies of the documents unless specifically requested by you, or we otherwise deem it appropriate to do so. You will not incur a fee for paper copies. You can obtain a paper copy of an E-Document by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic communication to you. To request a paper copy, submit your request to us in writing at the address above. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any statement or account notice that you have authorized us to provide electronically.
It is your responsibility to provide us with a true, accurate and complete E-Mail address, contact, and other information related to your application. You can update your E-Mail address, contact, and other information by sending a request: (a) by email to email@example.com or (b) call (866) 200-6766.
You acknowledge and agree that your consent to E-Documents is being provided in connection with a transaction affecting interstate commerce that is subject to the Federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
We reserve the right, in our sole discretion, to discontinue the provision of your E-Documents or to terminate or change the terms and conditions on which we provide E-Documents. We will provide you with notice of any such termination or change as required by law.
To confirm to us that you can access this information electronically, which will be similar to other electronic records that we may provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference. and access. Further, if you consent to receiving Records in electronic format on the terms and conditions described above, please let us know by checking the 'I agree' box.
By checking the 'I agree' box, I confirm that:
Revised February 2018
To ensure that consumer’s inquiries are handled promptly, courteously, and accurately, some of the phone calls between you and us or any of our affiliates, agents, assigns and service providers, may be monitored and recorded by us and any of our affiliates, agents, assigns and service providers, to enhance service to you.
You can record your consent to the TCPA Disclosure and Consent by placing a checkmark in the box on the webpage. By checking the boxes on the webpage, you consent to this monitoring and recording. You also agree that Modal may from time to time make calls and/or send text messages to you at any telephone number associated with your account, including wireless telephone numbers that could result in charges to you. The manner in which these calls or text messages are made to you may include, but is not limited to, the use of prerecorded/artificial voice messages and/or automatic telephone dialing system. You further agree that Modal may send e-mails to you at any e-mail address you provide us or use other electronic means of communication to the extent permitted by law. Consent may be revoked at any time and by any reasonable means.