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This website contains certain Terms of Use and by using the website you are agreeing to these Terms of Use. If you do not wish to abide by the Terms of Use, do not use this Website but please do contact us for personalized attention about our goods and services (including any questions you may have or information you may need about our Privacy Policy, the CCPA Privacy Notice for California Residents, your CCPA rights or how to exercise those rights).

Last Updated: 08/10/2021

CCPA Privacy Notice for California Residents
This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS (“Privacy Notice”) supplements the information contained in the Privacy Policy of INFINITI of San Jose (“we,” “us” or “our”) for this website and applies solely to persons who live in the State of California (“consumer,” “you” or “your”) and use this website. We adopt this Privacy Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice. If applicable to you, this Privacy Notice will form a part of this website’s Privacy Policy and will supersede it in the event of a conflict.

California consumers have the following rights and choices regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Personal Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.YES
Category Examples< Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. YES
C. Protected classification characteristics under California or federal law Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). YES
D. Commercial information Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES
E. Biometric information Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
F. Internet or similar network activity Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. YES
G. Geolocation data Physical location or movements. No
H. Sensory data Audio, electronic, visual, thermal, olfactory, or similar information. NO
I. Professional or employment-related information Current or past job history or performance evaluations. NO*
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO
K. Inferences drawn from personal information Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes No
*Unless this website allows applicants to submit an employment application.
Personal information does not include:
Publicly available information from government records.
De-identified or aggregated consumer information.
Information excluded from the CCPA’s scope, like:
personal information covered by certain sector-specific California privacy laws, such as the California Financial Information Privacy Act (FIPA);
personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or the Driver’s Privacy Protection Act of 1994
We obtain the categories of personal information listed above from the following categories of sources:
Directly from our clients or their agents. For example, from documents that our clients provide to us related to the services for which they engage us.
Indirectly from our clients or their agents. For example, through information we collect from our clients in the course of providing services to them.
Directly and indirectly from activity on our website. For example, from submissions through our website portal or website usage details collected automatically.
From third-parties that interact with us in connection with the services we perform. For example, from credit providers in conjunction with the sale or lease of a vehicle
Use of Personal Information:
We may use or disclose the personal information we collect for one or more of the following business purposes:

To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in order for us to transact the sale, lease or servicing of a vehicle.
To provide you with information, products or services that you request from us.
To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
To improve our website and present its contents to you.
For testing, research, analysis and product development.
As necessary or appropriate to protect our safety, property or rights, and those of our clients or others
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the CCPA
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, in which personal information held by us is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information and Terms of Website Use
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

Also, you may intend to directly disclose your personal information or use it with a third party.

Sharing Personal Information and Terms of Website Use
Please note that by taking the deliberate action of using our website, you intentionally disclose your personal information to the service provider furnishing us the platform services for our website. This unavoidable consequence of your intentional interaction with our website constitutes the terms of use of our website (“Terms of Use”). You acknowledge and agree to these Terms of Use by using our website but can avoid abiding by the Terms of Use by leaving the site and contacting us by any other means. In such case, we look forward to providing you personalized attention about our goods and services (including any questions you may have or information you may need about our Privacy Policy, the CCPA Privacy Notice for California Residents, your CCPA rights or how to exercise those rights).

The kinds of disclosures discussed above are not deemed to be a “sale” of your personal information under the CCPA.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A. Identifiers
Category B. California Customer Records personal information categories.
Category C. Protected classification characteristics under California or federal law
Category D. Commercial information
Category I. Professional or employment-related information (but only if this website allows applicants to submit an employment application)
We disclose your personal information for a business purpose to the following categories of third parties:

Our affiliates.
Service providers.
Third parties authorized by you or your agents in connection with products or services we provide to you.
In the preceding twelve (12) months, we have not sold any personal information.

Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
sales, identifying the personal information categories that each category of recipient purchased; and
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions, such as its use for our business purposes or that of our service providers. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies

We may deny or limit your deletion request if retaining the information is necessary for us or our service providers to:

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Audit current interactions with you on our website (such as counting ad impressions and verifying positioning and quality of ad impressions)
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities
Debug products or services to identify and repair errors that impair intended functionality.
Use personal information on a short-term, transient basis, appropriately limited (for example, the contextual customization of ads).
Perform services such as maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services.
Undertake internal research for technological development and demonstration purposes.
Undertake activities to verify or maintain the quality or safety of, or upgrade or enhance, products or services.
Conduct appropriate research.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy act (Cal. Penal Code § 1546 seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation, such as that imposed by law, including the maintenance of records required by law or necessary to evidence our compliance with law.
Share vehicle information or ownership information with our vehicle original equipment manufacturer for warranty or recall purposes.
Fulfill the terms of a written warranty or product recall conducted in accordance with federal law.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights (i.e., Do Not Sell My Personal Information)
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Calling us at 1-866-776-1360
Email at [email protected]
Or Mailing us at:
6511 Santa Monica Blvd Hollywood, CA 90038, Attn: CCPA
Only you or a person registered with the California Secretary of State that you authorize 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.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination:
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, 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.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Privacy Policy
Thank you for visiting our Competition BMW of Smithtown website, including our mobile device-ready version. Competition BMW of Smithtown and our affiliates  strive to make our website a useful tool and a rewarding experience for our customers by tailoring the content to your personal needs and interests. This way, the content of our website will be as relevant as possible for you, the customer. We hope that you find our website to be a useful part of your car-buying experience.