Privacy Policy

Last updated: January 2, 2025

Introduction

Cape Fear Imports and each of our subsidiaries and affiliated entities under common ownership and control (collectively, “Dealership” or “we” or “us”) respects your privacy and the information that you have entrusted to us. This Privacy Policy describes our collection, use and disclosure of the information we may collect from you whenever you visit the Dealership’s physical location(s) or website(s) (hereinafter a “Site” and collectively the “Sites”), or otherwise access any of our other products, services, and content (hereinafter “Services”). This Privacy Policy applies to all visitors and customers of our Sites, including those consumers and/or customers who apply for and/or receive financing for personal, family or household purposes. If you become an inactive customer, or if we close or suspend your account, we will continue to adhere to the Privacy Policy in place when we collected your personal information as long as we retain it in our databases. We may delete any or all of your information at any time without notice to you or for any reason or no reason unless we are otherwise required by law or retain it. The following privacy policy explains how the Dealership processes your personal data and outlines a set of consumer rights under state law, which may or may not apply to the Dealership. To qualify for the state-specific section and consumer rights, you must be a resident of that state. While the Dealership will review the consumer requests described below, it may not be required to fulfill them under state law. If the Dealership chooses to honor some requests despite not being required to do so, that does not obligate the Dealer to honor other requests.

Notice of Collection

The purpose of this Notice of Collection is to provide consumers with information about the categories of personal information that our dealerships collect about them and the purposes for which the personal information will be used.

We may collect the following categories of “personal data”:

Age and Veteran Status under state or federal laws, which may include information such as age (date of birth) and veteran status (to determine eligibility for military or similar rebates and comply with the Military Lending Act).
Audio / Video / Visual / Electronic such as photographs, recorded calls, voicemails, and online & electronic communications, such as those made via a live or automated online chat module.
Commercial such as vehicles, products, services, and repairs purchased, obtained or considered; personal property records (e.g., vehicle titles and registration cards); or other purchasing or consuming histories or tendencies.
Customer Records such as digital and electronic signatures, telephone numbers, insurance policy numbers, credit and debit card numbers, financial and credit-related information, physical characteristics and descriptions (e.g., government identification), bank account numbers, and medical and health insurance information (in the context of employment).
Education such as diplomas and transcripts for student rebate eligibility.
Geolocation Data (non-precise) such as locational data based on visitor IP addresses.
Identifiers such as real name, postal address, IP address, email address, SSN, driver’s license number, passport number, cookies, pixel tags, and similar identifiers.
Inferences to create a profile about you reflecting your product or vehicle preferences, purchasing tendencies and behaviors.
Internet Activity such as interactions with our websites, applications, and advertisements.
Professional/Employment such as job title, occupation, company or business name, and employment history information.

We use the categories of personal information listed above for one or more of the following “business purposes”:

Advertising & Marketing to send advertisements and marketing material via physical and electronic mail relating to product specials and other promotional events or offers, perform marketing research and data analytics, and perform similar activities.
Contextual and Behavioral Targeting to provide contextual customization of ads shown as part of an interaction with our website or application, such as through the use of “first-party” or “session” cookies.
Counting Ad Impressions & Website Interactions to audit interactions with our websites, applications, or advertisements, count ad impressions to unique visitors, verify position and quality of ad impressions, and perform similar activities.
Customer Service to provide customer service, maintain and service products and accounts, provide training for quality assurance purposes, and perform similar activities.
Defending Against Claims & Litigation to defend against or respond to potential or actual claims and litigation, including, but not limited to, those against the manufacturer of a particular vehicle we've sold.
Fraud Prevention to help ensure security and integrity, such as necessary to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and to prosecute those responsible for that activity.
Processing Transactions to process or fulfill orders and transactions, verify customer information, process payments, confirm eligibility for manufacturer rebates, and perform similar activities.
Providing Financing to provide financing in connection with a vehicle purchase, lease or related products or services.

In the context of employment, we also use the categories of personal information listed above for one or more of the following business purposes:

Claims & Benefits Administration to process claims, administer benefits, and conduct employee drug tests in accordance with applicable laws.

Privacy Policy

The purpose of this Privacy Policy is to provide consumers with a comprehensive description of our dealership’s online and offline practices regarding the collecting, use, disclosure, and sale of personal information.

The tables below describe how we collect, use, and disclose consumers’ personal information. Please note that because the categories of personal data collected and shared largely depends on how a consumer has interacted with our dealership, not all of the items listed in the tables below will be relevant to you. For example, we generally only collect veteran status when a consumer qualifies for a military rebate.

Categories of Personal Data We Collect

Categories of Personal Information Collected	Categories of Sources from which the Personal Information is Collected	Business or Commercial Purposes for which the Personal Information was Collected or Sold
Age and Veteran Status under state or federal laws, which may include information such as age (date of birth) and veteran status (to determine eligibility for military or similar rebates and comply with the Military Lending Act).	Advertising Networks & Agencies such as digital advertising companies and other marketing firms. Captive Finance Companies and wholly-owned subsidiaries of automakers that offer loans, lease programs, and other financial services to our customers. Credit Reporting Agencies such as Experian, TransUnion and Equifax that gather account information from various creditors and provide that information to dealers in connection with an application for credit. Customer Data Platforms & Analytics Providers such as equity mining, data mining, call tracking, and sales prospecting tools. Directly from Consumers through our website forms and via in-person applications, forms and contracts. Government Entities such as the Department of Motor Vehicles (DMV) and various other state and federal agencies. Insurance Companies that provide us with information relating to vehicle collisions, auto accidents, and other claims. Online Lead Providers and third party websites that collect and share data relating to consumers whose product preferences or inquiries align with the offerings of our dealership. Social Media Networks such as Facebook, Instagram, and other platforms used to run various advertising campaigns. Tow Companies that transport customer vehicles to the dealer's service department. Vehicle Manufacturers for which we are franchised to sell new motor vehicles.	Advertising & Marketing to send advertisements and marketing material via physical and electronic mail relating to product specials and other promotional events or offers, perform marketing research and data analytics, and perform similar activities. Contextual and Behavioral Targeting to provide contextual customization of ads shown as part of an interaction with our website or application, such as through the use of “first-party” or “session” cookies. Counting Ad Impressions & Website Interactions to audit interactions with our websites, applications, or advertisements, count ad impressions to unique visitors, verify position and quality of ad impressions, and perform similar activities. Customer Service to provide customer service, maintain and service products and accounts, provide training for quality assurance purposes, and perform similar activities. Defending Against Claims & Litigation to defend against or respond to potential or actual claims and litigation, including, but not limited to, those against the manufacturer of a particular vehicle we've sold. Fraud Prevention to help ensure security and integrity, such as necessary to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and to prosecute those responsible for that activity. Processing Transactions to process or fulfill orders and transactions, verify customer information, process payments, confirm eligibility for manufacturer rebates, and perform similar activities. Providing Financing to provide financing in connection with a vehicle purchase, lease or related products or services.
Audio / Video / Visual / Electronic such as photographs, recorded calls, voicemails, and online & electronic communications, such as those made via a live or automated online chat module.
Commercial such as vehicles, products, services, and repairs purchased, obtained or considered; personal property records (e.g., vehicle titles and registration cards); or other purchasing or consuming histories or tendencies.
Customer Records such as digital and electronic signatures, telephone numbers, insurance policy numbers, credit and debit card numbers, financial and credit-related information, physical characteristics and descriptions (e.g., government identification), bank account numbers, and medical and health insurance information (in the context of employment).
Education such as diplomas and transcripts for student rebate eligibility.
Geolocation Data (non-precise) such as locational data based on visitor IP addresses.
Identifiers such as real name, postal address, IP address, email address, SSN, driver’s license number, passport number, cookies, pixel tags, and similar identifiers.
Inferences to create a profile about you reflecting your product or vehicle preferences, purchasing tendencies and behaviors.
Internet Activity such as interactions with our websites, applications, and advertisements.
Professional/Employment such as job title, occupation, company or business name, and employment history information.

Disclosure of Personal Data to Third Parties

Categories of Personal Information Disclosed for a Business Purpose or Sold to Third Parties

Categories of Third Parties to Whom the Information was Disclosed

Categories of Third Parties to Whom the Information was Sold or Shared for Cross-context Behavioral Advertising (aka “targeted advertising")

Age and Veteran Status under state or federal laws, which may include information such as age (date of birth) and veteran status (to determine eligibility for military or similar rebates and comply with the Military Lending Act).

Website and Hosting Providers, Financial Institutions, F&I Product Providers & Administrators, Software Vendors, Records Management Companies, Claims & Benefits Administrators, Government Entities, Insurance Brokers (non-health related), Credit Reporting Agencies (CRAs)

Vehicle Manufacturers, Customer Data Platforms & Analytics Providers, Digital Retailers & eCommerce Platforms, Advertising Networks & Marketing Agencies

Audio / Video / Visual / Electronic such as photographs, recorded calls, voicemails, and online & electronic communications, such as those made via a live or automated online chat module.

Software Vendors

N/A

Commercial such as vehicles, products, services, and repairs purchased, obtained or considered; personal property records (e.g., vehicle titles and registration cards); or other purchasing or consuming histories or tendencies.

Transportation Companies, Auctions & Wholesalers, Website and Hosting Providers, Financial Institutions, F&I Product Providers & Administrators, Software Vendors, Repair & Sublet Facilities, Records Management Companies, Government Entities, Insurance Brokers (non-health related), Reputation Management Companies, Professional Service Companies

Vehicle Manufacturers, Customer Data Platforms & Analytics Providers, Digital Retailers & eCommerce Platforms, Advertising Networks & Marketing Agencies

Customer Records such as digital and electronic signatures, telephone numbers, insurance policy numbers, credit and debit card numbers, financial and credit-related information, physical characteristics and descriptions (e.g., government identification), bank account numbers, and medical and health insurance information (in the context of employment).

Transportation Companies, Auctions & Wholesalers, Website and Hosting Providers, Financial Institutions, F&I Product Providers & Administrators, Software Vendors, Repair & Sublet Facilities, Records Management Companies, Rideshare Companies, Claims & Benefits Administrators, Government Entities, Insurance Brokers (non-health related), Reputation Management Companies, Tow Companies, Professional Service Companies, Payment Processors & Gateways, Credit Reporting Agencies (CRAs)

Vehicle Manufacturers, Customer Data Platforms & Analytics Providers, Digital Retailers & eCommerce Platforms, Advertising Networks & Marketing Agencies

Education such as diplomas and transcripts for student rebate eligibility.

Website and Hosting Providers, Financial Institutions, Software Vendors, Records Management Companies

Vehicle Manufacturers

Geolocation Data (non-precise) such as locational data based on visitor IP addresses.

Website and Hosting Providers, F&I Product Providers & Administrators, Software Vendors

Vehicle Manufacturers, Digital Retailers & eCommerce Platforms, Customer Data Platforms & Analytics Providers, Advertising Networks & Marketing Agencies

Identifiers such as real name, postal address, IP address, email address, SSN, driver’s license number, passport number, cookies, pixel tags, and similar identifiers.

Transportation Companies, Auctions & Wholesalers, Website and Hosting Providers, Financial Institutions, F&I Product Providers & Administrators, Software Vendors, Uniform & Apparel Companies, Repair & Sublet Facilities, Records Management Companies, Rideshare Companies, Claims & Benefits Administrators, Government Entities, Insurance Brokers (non-health related), Reputation Management Companies, Tow Companies, Professional Service Companies, Payment Processors & Gateways, Credit Reporting Agencies (CRAs)

Vehicle Manufacturers, Customer Data Platforms & Analytics Providers, Digital Retailers & eCommerce Platforms, Advertising Networks & Marketing Agencies

Inferences to create a profile about you reflecting your product or vehicle preferences, purchasing tendencies and behaviors.

Website and Hosting Providers, F&I Product Providers & Administrators, Software Vendors

Vehicle Manufacturers, Customer Data Platforms & Analytics Providers, Digital Retailers & eCommerce Platforms, Advertising Networks & Marketing Agencies

Internet Activity such as interactions with our websites, applications, and advertisements.

Website and Hosting Providers, F&I Product Providers & Administrators, Software Vendors, Reputation Management Companies

Vehicle Manufacturers, Customer Data Platforms & Analytics Providers, Digital Retailers & eCommerce Platforms, Advertising Networks & Marketing Agencies

Professional/Employment such as job title, occupation, company or business name, and employment history information.

Website and Hosting Providers, Financial Institutions, F&I Product Providers & Administrators, Software Vendors, Uniform & Apparel Companies, Records Management Companies, Claims & Benefits Administrators, Government Entities, Insurance Brokers (non-health related), Credit Reporting Agencies (CRAs)

Customer Data Platforms & Analytics Providers, Digital Retailers & eCommerce Platforms, Advertising Networks & Marketing Agencies

Our Commitment to Your Personal Data

1. Right to Opt-Out of Sharing Your Information For Value

We believe in a consumer’s ability to opt-out of the sharing of their personal data for valuable services or monetization of online ads, such as with companies like Facebook and Google for retargeted advertising or insights. We may sell personal data to third parties or process personal data for targeted advertising. To direct us to stop the sale of your personal data or processing it for targeted advertising, please contact us.

2. Right to Know About Personal Data Collected, Disclosed, or Shared

We believe that consumers should have the ability to ask us to disclose the categories of personal data we have collected processed, and disclosed. We call this a “categories” or "right to know" request.

3. Right to Request Deletion of Personal Data

We believe that consumers should have the right to delete the personal data we have collected about them, subject to certain legal exemption. We call this the a “right to delete” or "deletion" request and will fulfill these requests where applicable. We will reject these requests if it is exempt under or conflicts with an existing state or federal law, such as a record retention rule.

4. Right to Data Portability

We believe that consumers should have the ability to request that we disclose the specific pieces of personal data that we have collected about you, which we call a “specific pieces” or "access" request.

Authentication of Requests

To protect against fraud, identity theft, and the unauthorized disclosure or deletion of personal data, we require that consumers submitting requests first verify their identity. This may include a combination of SMS (text message) verification, email verification, and one or more questions regarding the consumer’s particular interaction or transaction with our dealership. If the consumer fails to verify their request via these methods, or the information provided by the consumer otherwise does not match our existing records, we will deny the request.

Authentication of Requests

How to Submit a Request

To submit anyone of the noted requests, please contact us by email at service1@audicapefear.com or call (866) 456-1429.

For questions or concerns about our Privacy Policy, please contact us by email at service1@audicapefear.com or by phone at (866) 456-1429.

Other Important Privacy Disclosures

Consent and Notification of Revisions

By accessing or using our Sites and/or Services, you consent to this Privacy Policy. If you do not agree with this Privacy Policy or our Terms of Service, please do not access or use the Site(s) or Services. We may periodically modify or update our Privacy Policy with or without notice to you by posting the most updated version on this page. Please see the “Revision Date” at the top of this document to see when the Privacy Policy was last changed. We will update the “Revision Date” in the privacy policy to notify you of any substantive changes to the way we collect and use information. We encourage you to periodically review this Privacy Policy to obtain the most up-to-date information on how we are handling your personal information. If you do not agree to changes to this Privacy Policy, you must stop using the Sites after the last revision date of such changes.

Collection of Anonymous Information

We collect anonymous user information, such as data collected from tools like Google Analytics, which includes anonymous and aggregate details (such as pages visited and time spent on our Site) from all visitors to our Sites. This type of anonymous information is not directly associated with any of your personal details unless you voluntarily provide that information to us. This information helps us create statistical reports about the usage of our Sites.

However, if you accept the use of cookies and similar technologies through our site's cookie banner or other available mechanisms that control the use of online data shared with third parties, the above disclosure about anonymous information may not apply. In such cases, your data could be combined or linked in ways that might identify you.

How We Respond To Do-Not-Track Signals & Universal Opt-Out Mechanisms

A “do-not-track” signal is a privacy preference feature in some web browsers that tells a website that a user does not want their online activity to be tracked. We currently support Do Not Track (“DNT”) and Global Privacy Control (“GPC”), specifications designed to allow internet users to notify businesses of their privacy preferences, such as whether or not they want to be tracked or have their personal information sold or shared with third parties for targeted advertising. These specifications consist of a setting or extension in the user’s browser or mobile device and act as mechanisms that our websites can use to honor your privacy settings. If your browser or device has enabled DNT or GPC, it will override your preferences selected in the cookie banner or privacy settings on this Site.

You can learn more about DNT by clicking here. GPC is available for an increasing number of browsers and browser extensions, click here to view the options. If you want to use GPC, you can download and enable it via a participating browser or browser extension. More information about downloading GPC can be found by clicking here.

Third-party Links

This Privacy Policy applies only to our Sites and Services, and information collected for us or by us through various features and online offerings on our Sites. Our Sites contain links to other third-party sites, and our Privacy Policy does not apply to any third-party site or service linked to our Sites or recommended or referred by our Sites or by our staff. We are not responsible for the website, privacy practices or content of any third-party. If you have any questions about how these other sites use your information, you should review their policies and contact them directly.

Security

We implement reasonable security measures to ensure the security of your personal information. However, no data transmissions over the Internet can be guaranteed to be 100% secure by nature. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk. We may attempt to notify you electronically of any security system breach so that you can take appropriate 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 website if a security breach occurs or send an email to you at the email address you provided. You may have a legal right to receive notice of a security breach in writing depending on where you live.

While we use encryption to protect online information, we also make all reasonable efforts to secure and protect your information offline. All of our customers’ information is restricted in our offices and only employees who need the information to perform a specific job function are granted access to this information. The services that store your personal information are housed in a secure environment.

Business Transfers and Related Activities

We may share or transfer your information in the course of any direct or indirect reorganization process such as, but not limited to, mergers, acquisitions, divestitures, bankruptcies, and sales of all or a part of our assets. Your information may be shared as a result of such transaction and/or during the assessment process pending transfer. In the event your information is transferred due to one of these events, know that your information would remain subject to this Privacy Policy or a privacy policy that protects your privacy to an equal degree as this Privacy Policy.

Chat Modules

We (or our third-party vendors on our behalf) may collect certain categories of personal information from you when you use our interactive chat module. In addition to the information you may enter into the chat box or live chat feature, the categories of personal information include, but are not limited to, name, phone number, email, mailing address, and other identifiers you may provide. Additionally, we (or our third-party vendors on our behalf) may also store any transcripts from such conversations and link those transcripts with your personal information. We (or our third-party vendors on our behalf) may also collect information from you to perform data analytics and thereby enhance your experience and help improve the functionality of our tools and digital advertising in an effort to present to you only relevant products and services. Such information includes, but is not limited to, geolocation, IP address, pixel tags, browsing history, viewing behavior, clicks, online activity, and other analytics. By interacting with the chat module, you understand and agree that we may use this data to communicate with you about our products and services. You also consent to our collection and analysis of all personal information provided as part of the chat module and understand that we utilize a vendor to process, analyze, and store the content of the chat on our behalf. By using the chat module, you are consenting to us disclosing and sharing with the chat module vendor any information (including personal information) you provide.

Use of Session Replay Tools

We (or our third-party vendors on our behalf) may collect certain categories of personal information from you when you interact with our website(s) or application(s) through the use of session replay tools. Session replay is a tool that recreates your sessions from our websites or applications (including visual elements), giving us (or our third-party vendors on our behalf) a better understanding of how you interact with our websites and applications to help maximize the customer’s experience. Session replay tools that we may utilize include, but are not limited to, video-like playback, error tracking integration, application performance monitoring (APM) integration, real user monitoring (RUM) session timeline, and speed controls. Depending on your interaction with our website (e.g. when you complete a “Contact Us” form), the categories of personal information we may also capture include, but are not limited to, name, phone number, email, mailing address, and other identifiers that you may provide. By interacting with our website(s) or application(s), you are consenting to us (or our third-party vendors on our behalf) capturing any interactions and any information (including personal information) you provide.

Children Under 13 Years of Age

Our Sites and Services are not intended for children under thirteen (13) years of age. Dealership does not knowingly collect or use and personal information from children under thirteen (13) years of age, and does not knowingly provide any personal information to any third party for any purpose whatsoever from visitors younger than thirteen (13) years old. If you are under thirteen (13) years old, please do not provide any information on our Sites or through our Services.

Use of Cookies & Similar Technologies

We use cookies and other similar technologies (e.g. web beacons, tracking pixels, scripts, fingerprinting, and local storage) to deliver content specific to your interests, track your website activity, help our Sites remember you, enhance your online experience with us, and provide you with information you’re most likely to need. Cookies are small pieces of text used to store information on web browsers. Cookies and any technology that serves a similar purpose as a cookie in the context of tracking users/devices, identifying users/devices, processing information that users or their devices send to or through the Site, or building consumer profiles are included in our use of the term “cookie” for the purpose of this Privacy Policy. We, our service providers, or third-parties (e.g., advertisers and social media) may use and/or receive information from “first-party cookies” or “third-party cookies” as described below.

Cookies are first categorized by who places them or who is intended to receive information from them (first-party vs. third party), and secondly by their purpose.

First-Party and Third-Party Cookies

First-Party Cookies.

First-Party Cookies refer to cookies that are created or placed by us. Many first-party cookies are essential cookies as described below.

Third-Party Cookies.

Third-party cookies refer to any cookie that is created or placed by a third-party. A third-party cookie often (but not always) shares or enables the sharing of information to an entity other than our own Sites.

We employ a holistic approach to determine if a cookie is classified as “first-party” or “third-party” including the domain that creates the cookie; the cookie’s domain attribute; and the domain of the server to which network requests that transmit information related to the cookie are sent. Accordingly, under this definition, even cookies with a first-party domain attribute may be classified as a “third-party cookie” if the cookie is set by, used by, or shared with a third party.

Cookie Purpose Categories

Essential Cookies.

Essential cookies refer to cookies that are critical for the functioning of a website. These cookies enable basic features such as page navigation, and access to secure areas of the website. Essential cookies are typically used to maintain a user's session, store authentication information, hold shopping cart items, comply with state or federal laws (e.g., accessibility or cookies preferences), and ensure the security of transactions. Without these cookies, a website may not work, or may not be able to provide certain basic services or features, and its performance may be affected. Essential cookies can be first-party cookies or third-party cookies. Our Sites do not support an inherent mechanism to allow users to opt-out of essential cookies.

Functional Cookies: These cookies allow the Sites to remember choices made by the user, such as language preferences, login details, or region selection, to provide a more personalized experience. These cookies also allow optional functionality, like chat modules, payment calculators, and service scheduling tools, to run. Functional cookies are also used to improve the functionality of the Site, such as by tracking errors. In the absence of these cookies, the website will still function, but certain features or enhancements may not be available or may have limited functionality.
Marketing Cookies: Marketing cookies consist of two subcategories of cookies:

Analytics Cookies. These cookies that collect and transmit analytics and statistical information about how visitors use a website. These cookies help website owners understand how visitors interact with their site. The information gathered may include the number of visitors to the site, the pages they visited, the average time spent on the site, and the referring websites. This data is then used to improve the website's performance, content, and user experience. By analyzing visitor behavior, website owners can identify areas that need improvement, optimize their site for better engagement, and make data-driven decisions to enhance their online presence. (Note: not all analytics cookies are used for marketing purposes.)
Targeting Cookies. Also known as targeted advertising cookies and cross-context behavioral advertising cookies, these cookies are used to deliver advertisements that are more relevant to users based on their interests and browsing behavior. These cookies collect information about a user's online activities (including by uniquely identifying the user and/or user’s browser and device), such as the websites they visit, the pages they view, and the links they click. This data can then be used to create a profile of the user's interests, which allows advertisers to display targeted ads that are more likely to be of interest to the individual. They are also used to limit the number of times an ad is shown and to help measure the effectiveness of advertising campaigns. Targeting cookies can also be used for retargeting, where ads for previously viewed products or services follow the user across different websites. The purpose of targeting cookies is to improve the effectiveness of online advertising by showing users ads that are more aligned with their preferences and interests.

Users may opt-out of cookies as described in the cookie banner that appears when first visiting our Sites. Additionally, users can opt-out of marketing cookies by using a browser or plug-in that supports Do Not Track (“DNT”) or Global Privacy Control (“GPC”), by submitting an opt-out request (see this Privacy Policy for more info), or as otherwise described in this Privacy Policy.

Additional Information about Cookies.

Some web browsers offer settings that allow you to choose whether cookies are set by the websites that you visit. These controls vary by browser, but may allow you to disable all cookies, disable cookies for individual websites, or notify you whenever a cookie is set. Please note that if you disable cookies, you may still use our website, but your ability to use some features or areas of the Site may be limited.

Our Sites may use products, such as Google Analytics, to measure how you interact with our Sites and to improve your user experience. For more information on Google Analytics, its privacy practices, and opt-out mechanisms, please visit the Google Analytics Security and Privacy Principles page at https://support.google.com/analytics/answer/6004245?hl=en. For Google’s privacy policy and instructions on opting-out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout.

The Network Advertising Initiative also offers a means to opt-out of a number of advertising cookies. To learn more, please visit www.networkadvertising.org. Note that opting-out does not mean you will no longer receive online advertising. It means that the company or companies from which you opted-out will no longer deliver ads tailored to your preferences and usage patterns.

Note that this Site's cookie banner and privacy settings will only opt you out of the future tracking and sharing by cookies that are deployed by our Sites. In order to manage the information sharing and advertising cookies not deployed by our Sites (e.g., other third-party companies' cookies that are already tracking you), you may want to consider using one of the consumer choice tools created under self-regulation programs, such as the US-based https://optout.aboutads.info/?c=2&lang=EN choices page.

Dispute Resolution, Arbitration Agreement, Class Action Waiver

Initial Dispute Resolution Procedure

Notice of Dispute, Requirement to Attempt to Resolve Disputes Informally.

By visiting the Sites and/or using the Services you and Dealership agree that if there is any controversy, claim, action, proceeding, demand, or dispute arising out of or related to your visit to the Sites, use of the Services, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it (hereinafter “Dispute”), both you and we shall first try in good faith to resolve such Dispute informally by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) calendar days in which to respond to or resolve the Dispute. Notice shall be sent to us at ATTN: Land Rover Cape Fear 20 Old Eastwood Road, Wilmington NC 28403 , and to you at the address or email we have on file for you. Both you and the Dealership 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. This notice and informal resolution requirement will not apply to the extent it is prohibited by law.

Arbitration, Class Action Waiver.

IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE INITIAL DISPUTE RESOLUTION PROCEDURE, WE BOTH AGREE THAT THE DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS.

This means that if you and we have a Dispute that is not resolved in the informal process described in section 3.1 above, we both agree to resolve it through arbitration. Arbitration means that a neutral third party will hear both sides and make a decision. This is different from a court trial, where a judge or jury hears the case in a formal court setting and makes a decision. We both agree not to sue each other in court.

This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will be before a single arbitrator and the arbitrator’s decision will be final and binding on both of us.

The arbitration will be held pursuant to the rules of the American Arbitration Association - Consumer Arbitration Rules (if you are a business, the American Arbitration Association - Commercial Arbitration Rules will apply instead) (as applicable, the “Rules”). You can access a copy of the rules at: www.adr.org/rules. The Rules provide the steps required to start an arbitration case.

This arbitration agreement does not apply to Disputes that you or we bring against the other party that are within the jurisdiction of small claims court. If the amount in controversy of a Dispute in small claims court exceeds the jurisdiction of the small claims court, that Dispute will be subject to this arbitration agreement.

Class action waiver.

We both agree that any Dispute will be handled individually. This means that you or we cannot join together with other people who have a similar problem to bring a single case against the other party. You also cannot be part of a class action lawsuit (or class action arbitration) against us, and we cannot be a part of a class action lawsuit (or class action arbitration) against you.

By using our Services, and visiting our Site, you agree to this arbitration agreement and class action waiver. If you do not agree, please do not use our Services or visit our Site.

If any part of this arbitration agreement and/or class action waiver is found to be invalid or cannot be enforced, the rest of the arbitration agreement and class action waiver will still apply. The arbitrator will decide if any part is invalid or cannot be enforced.

Other Arbitration Agreements

In the event of a conflict between this arbitration agreement and any other arbitration agreement between you and the us, such as an arbitration agreement contained in a retail installment sale contract, purchase order, lease agreement, or repair estimate (hereinafter “Other Arbitration Agreement”), the terms of the Other Arbitration Agreement shall govern and prevail in each instance.

Venue And Choice Of Law

This Privacy Policy has been made in, and shall be construed in accordance with the laws of NC 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 that state and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

If any part of this Privacy Policy is found to be invalid or cannot be enforced, the rest of the Privacy Policy will still apply.

Foureyes® Supplemental Privacy Notice

We use the analytics and reporting system and/or customer communications hosted system and service called Foureyes®, (the "Tool") provided by our website analytics vendor, Foureyes, LLC, a Delaware limited liability company.

When used in this Foureyes® Supplemental Notice ("Foureyes Privacy Notice"), "we," "us," and "our" may refer to us, Audi Cape Fear ("Dealer"), and/or Foureyes, its affiliates or subsidiaries (collectively, ”Foureyes”), as applicable. This Foureyes Privacy Notice may be posted or displayed separately on the site or may be appended to another privacy notice or policy posted or displayed on the site (“Additional Privacy Notices”). To the extent an inconsistency or conflict arises between the terms of this Foureyes Privacy Notice and any Additional Privacy Notices, the terms of this Foureyes Privacy Notice will control with respect to the tool. However, this Foureyes Privacy Notice applies only with respect to the Tool, and not any other features or functions of the site.

This Foureyes Privacy Notice describes how the Tool works when you visit this site, engaging on phone, email or text communications with us through the Tool and how it collects, uses, and discloses your personal information. Please read this Foureyes Privacy Notice carefully. We may also update or modify this Foureyes Privacy Notice at any time by posting it to this site. Please refer to “Effective Date and Modifications” below for the effective date of this Foureyes Privacy Notice.

By using this site or our phone system, you consent to the collection, use and disclosure of your personal information as described herein. If you do not consent, you may opt-out of the use of the Tool (as set out below).You may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting the office of our Privacy Officer using the contact information set out below.

How the Tool Works. For each visit to the site, the Tool: (1) identifies the traffic source for the visit; and (2) issues a unique visitor ID number and visitor traffic number. As the user navigates the site, the Tool may track and store the pages visited and features used. The Tool also may collect and link information provided through forms or chat functions featured on the site or during phone calls with a visitor ID number. Using local storage, the Tool may also store data in the user's Internet browser or in a data repository on the user's device for purposes of associating the user with his or her user profile. The Tool operates only on the site and our phone system – it does not track information regarding your use of other sites or activities on other sites.

Purpose of collection.Using the Tool, we collect personal information for purposes related to managing, marketing and developing our businesses as further described herein and including:

establishing and managing business relations with you
providing us with information in order to allow us to analyze usage of the site, improve the site, the Tool, and for development of new services and products;
marketing products and services to you; and
for other purposes related to the management of our relationship.

Foureyes further collects personal information for purposes of operating and administering the Tool for subscribers of the Tool, such as the Dealer and other third parties.

Information Collected and Usage of Information. The Tool creates a user profile including the user's visitor ID number and any information the user directly provides through the site or other interactions with the site and/or the company associated with the site (e.g., phone calls and chats). This information, depending on what you provide, may include a user's name, personal phone number, home address, email address, and similar information provided by the user, whether or not this information is complete or partially entered by the user. If you consent to receiving text messages we collect the phone number that you provide and when you send messages through the Tool, we will also collect your messaging history and any information included in those messages. We will not ask for or knowingly associate financial information with your user profile. Unless the user provides us personal information, the information we collect using the Tool and which is associated with the user profile is limited to information automatically collected as a user browses and interacts with the site, such as the user's browser type, available plugins, Internet service provider, Internet protocol ("IP") address and/or mobile device ID, and pages visited, features used, and activities performed on the site. Except as otherwise expressly set forth herein, the information collected and associated with a user profile is used, maintained and disclosed in accordance with the restrictions, consents, and permissions in this Foureyes Privacy Notice and any Additional Privacy Notices (if any), including obligations of confidentiality and restrictions on disclosure to third parties.

You expressly acknowledge and agree that the information associated with your user profile may be used to understand and analyze the usage of the site, and for responding to your communications to us and for the purposes of marketing products or services to you. In particular, where it is lawful to do so (please see additional note below on Canada’s Anti-Spam Legislation), the Tool may automatically generate and send email marketing communications to you (to the extent you have provided your email address as part of your interactions with the site and/or the company associated with the site). The content of those email marketing communications may be based on the pages that you have visited and/or the features you have used on the site. To opt-out of receiving the email marketing communications generated by the Tool, please see the Opt-Out instructions below.

Third Party Disclosure.Unless required or permitted by law, the information associated with your user profile will not be used or disclosed to third parties other than for the purpose for which it was collected, without the user's prior consent.

For purposes of clarity and in addition to any disclosure to third parties described in any Additional Privacy Notice, the information collected by the Tool and/or associated with your user profile may be disclosed by Foureyes to the following category of third parties or as otherwise authorized or required by law:

(i) OEMs: Foureyes partners with various automotive manufacturers ("OEMs") as a part of their respective certified marketing programs and their affiliates.

(ii) Third Parties: Foureyes is party to certain agreements with third parties with whom it conducts business regarding the Tool and/or the information collected by the Tool and/or associated with your user profile. Foureyes may disclose your personal information to such third parties who may provide services that facilitate the operation of the Tool, assist us in providing an improved customer experience to you, or assist us in providing improved services to Foureyes' customers.

Blocking and/or Disabling the Tool. The Tool gathers information about the user's computer hardware and software configurations to identify the user each visit and associate the user with their existing user profile. Unlike a "cookie", and except for local storage discussed below, the system does not store a file on the user's computer; therefore, the user information gathered is not deleted when the user clears their cache and/or deletes their cookies. In order to disable the tool, see the Opt Out instructions below.

Opt-Out. The Tool's opt-out functionality is cookie based, so for it to work for you, your browser must allow third party cookies. If you change computers or browsers or delete this cookie, we will no longer know you have opted out, so you will need to opt-out again. To opt out, Click Here. Note that opting out of cookies on the Dealer’s site will not be an opt out with respect to the Tool.

You may also opt-out of, or withdraw your consent to (where the Canadian Anti-Spam Legislation applies) receiving email marketing communications generated by the Tool by sending a request to support@foureyes.io, or by clicking the unsubscribe link on any such email marketing communication you receive. Please note that clicking the unsubscribe link may only result in your no longer receiving marketing communications generated by the Tool; you may still receive other email marketing communications from the Dealer. If you opt out or withdraw consent with the Dealer or on the Dealer’s site, you will still also need to opt-out or withdraw your consent regarding the Tool as set out in this paragraph.

As noted above, the Tool may also collect and store information (including personal information) locally on your device using mechanisms such as browser web storage and application data caches. Browser web storage enables websites to store data in a browser on a device. When used in "local storage" mode, it enables data to be stored across sessions. Similarly, an application data cache is a data repository on a device. You may stop local storage from being used by modifying your Internet browser settings, but stopping local storage may result in the site having impaired or limited functionality. Furthermore, disabling local storage will not block the Tool from operating; rather, it will only prevent the Tool from collecting and storing information locally on your device. To disable the Tool, see the Opt-Out instructions above. Further, you should refer to the help provided by your Internet browser for the most up-to-date and accurate instructions on disabling local storage.

Do Not Track Signals. IF YOU DO NOT WANT THE TOOL TO GATHER INFORMATION ABOUT YOUR USER PROFILE AND SITE VISIT, NOW AND FOR FUTURE BROWSING SESSIONS,PLEASE REFER TO THE OPT-OUT PROCEDURES ABOVE /OR REFRAIN FROM USING THE SITE. WE DO NOT CURRENTLY RESPOND TO DO NOT TRACK (DNT) SIGNALS.

Accessing, Correcting, Updating Your Personal Information.You have a right to know what personal information we have about you and correct any inaccuracies. To review your information that is collected using the Tool, contact Foureyes by email at support@foureyes.io or by regular mail addressed to Foureyes, LLC, 525 3rd Street, Suite #311, Lake Oswego, OR 97034.

Data Retention. We keep information associated with your user profile for as long as we think is necessary or advisable to fulfill the purposes for which it was collected, and we reserve the right to retain it to the full extent permitted by law. If required by law, a governmental order, or similar legal process, we will disclose your information.

Children. The site is intended for adults who have reached the age of majority in their state, province or territory of residence. The site is not directed at children under age 16. We do not knowingly collect personal information from children under age 16, and if we learn that the Tool has collected information of a child under age 16, we will delete the information.

Canada’s Anti-Spam Legislation. We are committed to complying with Canada’s Anti-Spam Legislation and will only send you email marketing communications (or other commercial electronic messages, as defined in Canada’s Anti-Spam Legislation) where it is lawful to do so. If you have consented to receiving marketing materials from us, you can withdraw your consent to receiving email marketing communications generated by the Tool by sending a request to support@foureyes.io, or by clicking the unsubscribe link on any such email marketing communication you receive. Please note that clicking the unsubscribe link may only result in your no longer receiving marketing communications generated by the Tool; you may still receive other email marketing communications from the company associated with the site.

European Union Privacy. If the processing of your information in connection with the Tool is subject to the General Data Protection Regulation 2016/679 ("GDPR") we have additional obligations and you have additional rights under the GDPR. These rights and obligations are as follows:

We will process your personal information using the Tool in order to support our provision of services in connection with your use of the site. The lawful bases for processing your personal information may include:

When you have given consent;
When processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract;
When processing is necessary to protect Foureyes' or our legitimate interests or that of a third party, except where such interests are overridden by your interests or fundamental rights;
When processing is necessary for compliance with a legal obligation to which we or Foureyes are subject; and
When processing is necessary to protect the vital interests of the data subject or of another natural person.

You have many rights with respect to our processing of your personal information. Depending upon the lawful basis of processing, you may have the right to withdraw consent or object to our processing your personal information.

You have the right to be informed about your personal information and how it is being processed, to access, correct and erase personal information, to restrict further processing, to obtain and reuse your data for your own purposes across different services and to object to our processing. You also have the right to lodge a complaint with the relevant EU supervisory authority.

If we transfer your personal information to a recipient in a country outside the European Economic Area, we will do so in compliance with applicable laws with respect to such transfer.

Storage in the United States. The Tool is operated and controlled from offices in the United States. If you access the site from locations outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Your access to the site constitutes your agreement to our storage of your personal information within the United States. You understand that your personal information may be stored and/or processed in the United States, notably at the address indicated above, that it may be subject to the laws of the United States and that it may be accessible to tribunals, courts, law enforcement and regulatory agencies in the United States.

Effective Date and Modifications. This Foureyes Privacy Notice is effective on August 21, 2024. We review this Foureyes Privacy Notice at least annually and may amend it from time to time. Except as otherwise required by applicable law, our only notification will consist of posting a new policy.

Supplemental State-Specific Privacy Information. Residents of California, Colorado, Connecticut, Oregon, Texas, Virginia, and Utah have additional privacy rights under the California Consumer Privacy Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Oregon Consumer Privacy Act, the Texas Data Privacy and Security Act, the Virginia Consumer Data Protection Act, and the Utah Consumer Privacy Act, respectively. This information is available at the following link: Click Here.

Contacting Us. If you have any questions, complaints, or comments about this Foureyes Privacy Notice, your information, our third-party disclosure practices or your consent choices in connection with the use of the Tool, please contact Foureyes' privacy officer at privacy@foureyes.io.

Foureyes® Conversations Terms of Service

1. Foureyes provides a software tool that acts as a sales assistant. This may include interacting with you via text messages powered by the Foureyes software tool.

2. Choices and Controls

Consent to receive automated marketing text messages is not a condition of any purchase. You can opt-out of receiving further commercial text messages from the Foureyes software tool for the applicable automotive dealer by responding to any of the text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. For additional opt-out information, please review details provided in the Foureyes Privacy Policy. After you send the SMS message "STOP" to the applicable text messaging number for that automotive dealer, you will receive an SMS message to confirm that you have unsubscribed. After this, you will no longer receive SMS messages from the Foureyes software tool on behalf of the identified automotive dealer. If you want to join again, just sign up as you did the first time and you will start to receive SMS messages again relating to the applicable automotive dealer. For additional opt-out information, please review the Foureyes Privacy Policy.

3. If you are experiencing issues with the text messages sent through the Foureyes software tool, you can get help directly at support@foureyes.io. Please identify the applicable automotive dealer that relates to the messages that you need help with.

4. Carriers are not liable for delayed or undelivered messages

5. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

6. Main Privacy Policy

By signing up to receive text messages from us, you also agree to this Foureyes Privacy Policy