Privacy Policy

Effective Date: April 26, 2020

Please read this Privacy Policy carefully. This Privacy Policy applies to information collected online through the various West Herr Automotive Group dealership and affiliate websites and the services and functions therein (“Site”), including, without limitation, all documents and information you supply and/or upload via the Site. By visiting the Site and/or accessing or using the services and functions therein, you agree that your visit, and any dispute over information that you provide or is otherwise collected through accessing or using the Site, is governed by this Privacy Policy and the applicable terms of use (found here: https://www.westherr.com/terms-of-use.htm. This Privacy Policy does not apply to information collected through any means other than the Site.. References in this Privacy Policy to "you" or "your" or variations thereof shall mean individual users of the Site, and references to "WH," "we," "our," "us," or variations of any of these, shall mean West Herr Automotive Group and its dealerships, service and collision facilities and other affiliates (“WH”).

Information Collected

WH collects information in two ways: through its receipt of information that you voluntarily submit to or through the Site, and automatically through your browsing and use of the Site.

User Provided Information

One way WH collects information is by you voluntarily providing that information to WH. When using the Site, you may provide a variety of information, both personally identifiable and otherwise. For example, WH may collect from you such information as answers to questions about the condition of a trade vehicle, photos of a trade vehicle, documents and information used to secure vehicle financing, your first and last name, email addresses, telephone numbers, mailing addresses and personal financial information.

Please note, that the services offered by the Site involve the facilitation of communication and information sharing between you and third parties providing or proposing to provide services to you (e.g., vehicle financing). In such cases, WH may receive information from such third party that is providing or proposing to provide services to you (e.g., vehicle financing eligibility) and WH will only use such received information as set forth in its agreements with those third parties. Please contact and work with those third parties directly if you have questions or concerns about such received information.

Information Collected Automatically

WH automatically collects information when you access the Site, including the type of browser software you use, the operating system you're running, the resolution of your computer monitor, the website that referred you, and your IP address. Your IP address is a numerical address that is used by computers connected to the Internet to identify your computer so that data (such as the web pages you want to view) can be transmitted to you. WH also uses IP address information for systems administration and troubleshooting purposes. Your IP address can also provide us information about your location.

Cookies and Web Beacons

To help WH tailor the Site to the needs and interests of its visitors and to allow a user to "pick up where he or she left off", WH keeps track of the pages visited by WH's users by placing a cookie on their hard drives and will save certain user inputted information in such cookie to allow the user to "pick up where he or she left off". A cookie is a small entry in text file stored on your computer's hard drive for the purpose of identifying your web browser during interaction on websites. The cookie contains an ID number that allows WH to track the pages you've visited.

The help function on most web browsers contains information on how to set your browser to notify you before accepting a cookie or to disable cookies entirely. However, if you choose to decline cookies, you may not be able to take advantage of various features on the Site that are available to other visitors. If you log into the Site via a third party, such third party may collect and use the information you provide. WH has no control and is not responsible for such third party collection and use, and you should review their data collection practices on their websites.

To help maintain information about activity related to the Site, WH may use a small file, called a web beacon. In combination with cookies, web beacons allow WH to track, for example, whether web pages are viewed, how often web pages are viewed, and the specific times of day web pages are viewed.

The Site uses Google Analytics™ service and WH dealership affiliates may use other analytic services from time to time. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic and helps improve upon user experiences with the Site.

For more information on how Google may use your data as part of those products, please go to https://www.google.com/policies/privacy/partners. Please go here for instructions for enabling or disabling the use of cookies in your Google Analytics service.

How We Use Information We Collect

We may use your information for one or more of the following purposes:

  • To provide you with information, products or services offered by WH and by third parties.
  • To improve the Site and our users' experience on the Site by providing users with information that is relevant to that specific user.
  • We may use aggregated and/or deidentified information in order to: (i) determine characteristics of visitors to the Site, which characteristics may be used to improve the Site or its features or to better market the Site or its features; and (ii) determine the popularity or effectiveness of certain features of the Site, and to improve the Site's appeal to users.
  • In addition to the uses identified above, WH may use your information under certain additional circumstances, such as the following: (i) to protect or defend the legal rights or property of WH and its corporate affiliates; (ii) to protect the safety and security of users of the WH services or members of the public, including acting in urgent circumstances; (iii) to protect against fraud or for risk management purposes; (iv) to comply with applicable law or legal process or (v) for other lawful purposes.

How We May Share Information We Collect

  • We may share your information with finance lenders for the purpose of providing you information and options for financing the purchase of a vehicle or other products or services. Please note, finance lenders may make additional uses of such shared data pursuant to the finance lender’s relationship or agreement with you. In any such case, please contact the finance lender directly with any questions as to potential additional use.
  • We may share your information with vehicle manufacturers as required by our agreements with the manufacturers.
  • We may share your information with insurance companies involved with the purchase and/or repair of a vehicle.
  • We may share your information with WH dealerships, service and collision shops and other WH affiliates, as well as non-affiliated service providers who assist us in operating or improving our services, or in communicating or marketing to you.
  • We may share your information with unaffiliated third parties whose products and/or services we believe might be of interest to you.
  • We may share information we collect with other entities such as law enforcement, government entities, or courts as required or allowed by applicable law, such as for the legal and safety purposes described under the "How We Use Information We Collect" Section above, or otherwise to help prevent harm or fraud to us, you, our customers, or other third parties.
  • In addition, if WH sells all or part of its business or sells or transfers all or part of its assets, or is otherwise involved in a merger or transfer of all or part of its business, WH may transfer your information to the party or parties involved in the transaction as part of that transaction.

Security

WH implements and maintains reasonable administrative, physical and technical measures to protect your information. However, no network, website or communication using the Internet is perfectly secure, no physical or electronic security measure is impenetrable and no amount or type of security can prevent all unauthorized access, use or disclosure. Accordingly, WH cannot guarantee absolute security, nor can WH guarantee that information you supply won't be intercepted while being transmitted to or from WH over the Internet. WH makes no representations or warranties regarding the security of any personal information you submit through the Site, which you do at your own risk.

Opt Out

A customer wishing to change, update, remove or restrict use of personal information, or wishing to opt out of the receipt of future communications from West Herr, may advise us by e-mail (privacymanager@westherr.com) or by writing to the address below:

West Herr Automotive Group, Inc.
ATTN: Privacy Manager
3552 Southwestern Boulevard
Orchard Park, New York 14127

Children

The Site is not intended for children. Children should not use the Site for any purpose, even with the permission of their parents. WH will not knowingly allow anyone under 13 to use the Site or provide any personally identifying information.

Third Party Links

The Site may contain links to other sites not controlled by WH. Any such link does not mean that WH makes any endorsements, representations or warranties with respect to the content, accuracy, opinions, policies, products or services of any third party. WH is not responsible for the privacy or other practices of third party sites. WH encourages users to be aware when they leave the Site and to read the privacy statements of third party sites they link to. This Privacy Policy applies only to information collected on the Site.

Changes to the Privacy Policy

WH reserves the right to change this Privacy Policy at any time. WH will provide notice on this Site of the date of any material change. Your continued use of the Site after WH posts a revised Privacy Policy signifies your acceptance of any revised Privacy Policy.

Privacy Policy

Last Updated: 3/27/2023

Thank you for visiting our West Herr Hyundai website, including our mobile device-ready version. West Herr Hyundai and our affiliates (together, "West Herr Hyundai" or "we") 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.

To accomplish this, we responsibly collect and utilize personally identifiable information. We respect your privacy, and this Privacy Policy documents our commitment to safeguard and treat your privacy and the personal information that we collect online with reasonable care and in strict compliance with applicable law for the protection of personally identifiable information.

This policy was implemented as of September 23, 2014 and applies to information collected on this website and those of our affiliates (together, "our website" or "the website") and covers the following areas:

  • What personally identifiable information is collected by West Herr Hyundai or by any third party through our website;
  • How West Herr Hyundai uses this information;
  • With whom West Herr Hyundai may share this information;
  • What choices are available to you as a user of our website with respect to collection, use and distribution of the information; and
  • What types of security procedures are in place to protect the loss, misuse or alteration of information under our control.

This Privacy Policy applies only to our website and information collected for us or by us through our website and through various features and online offerings on our website. It does not apply to any third party site or service linked to our website or recommended or referred by our website or by our staff. Further, it does not apply to any other type of online site or online service operated by West Herr Hyundai or its affiliates, or to any of our offline activities.

1. Information Collection and Use

West Herr Hyundai collects two different types of information through our website: anonymous information and personally identifiable information.

Anonymous Information. First, we collect and store anonymous, aggregate information (such as internet protocol (IP) addresses, browser types, search engines, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks) from all visitors to our website. You may search our website for car models, prices and other information provided through our website without ever submitting your name, email address or any other personally identifiable information. The anonymous information that we do collect from your visit is never linked to any of your personally identifiable information until you voluntarily submit that personal information, in which case some otherwise anonymous information may be connected to your website activity and personal account. Otherwise, the anonymous information is only used in the aggregate to analyze trends, administer the website, diagnose any problems, track a visitor's movement in the aggregate, and gather broad demographic information for aggregate use. We may provide this anonymous information in aggregate form to other parties or use it for our own insight or marketing purposes. Our ability to use this information is not restricted in any way.

We also use "cookies" and "image tags" to collect certain usage information from all customers and visitors to our website. A "cookie" is a small text file that a website can place on your computer’s hard drive or on your mobile device’s memory in order to collect information about your activities on our website. An "image tag," also known as a clear GIF or web beacon, works together with cookies and is a small image file that may be located in various areas of our website. Most browsers automatically accept cookies, but you have the option to change your browser setting to decline them.

Accepting cookies in no way gives us access to your computer or any personal information about you, since cookies are not used to identify anonymous website visitors. Our cookies enable you to proceed smoothly through our website and know whether you’ve used it before, so as to eliminate some steps that apply to new visitors. Cookies also give us usage data like how often you visit, where you go on our website, and what you do while here.

Similarly, a cookie may be placed by our third-party advertising companies. These companies may use aggregated statistics about your use of our website and third party media in order to provide you with advertisements about goods and services that you may be interested in. The information they collect does not include your personal information.

The third-party advertising companies may also employ technology that is used to measure the effectiveness of ads. Any such information is anonymous. They may use this anonymous information about your visits to this and other sites in order to provide advertisements about goods and services of potential interest to you. No personal information about you is collected during this process. The information is anonymous and does not link online actions to an identifiable person.

West Herr Hyundai partners with third-party advertising company Google to collect information about how users navigate our website and we use many or all of their products to enhance our website experience. Like West Herr Hyundai, Google is very much committed to consumer protection, to maintaining the privacy of your personal information and to making ads safe, unobtrusive and relevant for you.

Google uses this information only to generate anonymous visitor profiles, which do not contain personally identifiable information. These anonymous profiles are used to provide you content specifically tailored to you. To learn more about how Google collects and manages information, or to opt out of Google’s collection of information about how you navigate our website, please go to https://www.google.com/policies/privacy/.

Google’s technologies and products, including AdSense, AdWords, Google Analytics, and a range of DoubleClick-branded services, also use cookies. When you visit a page that uses one of these products, various cookies may be sent to your browser.

Among the Google products we use is Google Analytics, a web analytics service provided by Google. Information generated by cookies about your use of our website (including your shortened IP address) is transmitted to a Google server in the U.S. and stored there. Google uses this information to evaluate your use of our website, compile reports on website activity for our website operators and to provide other services related with the website and internet use. Google may also transfer this information to third parties if required by law, or where third parties process these data on behalf of Google. For more information about Google Analytics and how it collects and processes data, please go to "How Google uses data when you use our partners' sites or apps", located at http://www.google.com/policies/privacy/partners/. To opt out of Google Analytics, please go to https://tools.google.com/dlpage/gaoptout.

To help us manage our advertising and website, Google offers many products in addition to Google Analytics, including Google’s Analytics for Display Advertisers, AdSense, AdWords, and a range of DoubleClick-branded services. West Herr Hyundai participates in an integrated version of Google Analytics and DoubleClick products or services and/or other Google display ad products or services, known as Google Analytics for Display Advertisers. As with Google Analytics, you can learn more about Google Analytics for Display Advertisers, or you can opt out, by going to https://tools.google.com/dlpage/gaoptout.

We have or may enable interest-based advertising features, including remarketing, with Google Analytics in connection with other Google services. This kind of advertising based on consumer interests and your precise geographic location may, in addition to remarketing, include Google’s Adword product features known as: interest categories, similar audiences, other types of interest-based advertising and demographic and location targeting. DoubleClick advertising cookies or mobile advertising identifiers, associated with your use of our website, are or may be employed by us in all aspects of remarketing in online advertising.

"Remarketing" is simply a feature of interest-based advertising that lets us reach people who have previously visited our website. Remarketing helps us match interested people, like you, with a relevant message on our website or even when you search on Google using our keywords, use Google products like Gmail, or visit other websites. We gather information through cookies for remarketing, and similar audiences feature in AdWords, simply to make your visits relevant and allow us both to pick up where we left off on your last visit.

Our partners, including Google, use cookies to serve ads based on your past visits to our website and to show our ads on sites across the Internet. You can opt out of Google's use of cookies by visiting Google's Ads Settings. Alternatively, we may use Google DoubleClick's remarketing pixels to participate in remarketing and create a remarketing list of potential customers (this involves adding a remarketing tag, a small snippet of code that we get from Gooogle’s Ad Exchange, across all our website pages). In such case, instead of the previous link, you can opt out of DoubleClick's use of cookies by visiting the DoubleClick opt-out page or the Network Advertising Initiative opt-out page. Finally, you can opt out of any other third-party advertising partner's use of cookies by visiting the Network Advertising Initiative opt-out page.

With respect to unrelated, third party web sites, such as third party online retailers, advertisers, or unrelated sites that we may happen to link to, or web sites that link to our website, those third parties may collect personal information directly from you. The information policies and practices of these unrelated parties are not covered by this privacy policy. We do not control the privacy policies of third parties even if we may provide hyperlinks or other access to their web sites. We are not responsible or liable for their independent policies and practices. Please review their privacy policies and practices. It is your responsibility to review them and decide if you are satisfied with their protections.

Some browsers have a "do not track" feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are not currently set up to respond to those signals.

Personally Identifiable Information. Second, we require the submission of certain personally identifiable information when you use some services available on our website. For example, your use of your user name and password allows us to identify you as our customer who is seeking information in connection with our services. Our website uses a variety of contact forms and tracking phone numbers for visitors to request information, products, and services. We collect a visitor's contact information (like his or her email address or phone number) and in some cases, demographic information (like his or her zip code). In limited circumstances, such as when a visitor fills out an online credit application, we collect unique identifiers (like a social security number), and/or financial information (like age, income level, bank account or credit card numbers). We use this information to get in touch with our prospective customers about their requests, and to send them additional information about our products and services.

Note that once you have created an order or otherwise voluntarily provided personally identifiable information to us, we may use cookies to help identify you. Personally identifiable information received from you (such as IP address, phone number, email address, zip code, etc.) may be contained in or linked to a cookie. The only time that we receive such personally identifiable information is when you volunteer it by submitting it to us.

We may use cookies with personally identifiable information so that our website can remember you, enhance your online visit with us, and provide you with the information you're most likely to need. For instance, cookies allow our website to remind you of your past vehicle search interests and website activity and to suggest similar products and services. In some cases, cookies may improve your shopping experience and we use information gained through cookies to track your website activity and to deliver you content specific information

Any financial information we collect is used to check the qualifications of our prospective customers and bill for products and services ordered. If you apply for financing or wish to purchase or lease a car through our online system, we may collect personal information such as your name, address, driver's license number and state, social security number and other credit information. This information goes into a secure database and is used solely to provide the service you requested. The collection, use and storage of your financial information for credit checks, for arranging credit and loans or for purchasing products and services may be subject to additional privacy policies and if so, you will be notified of them at the time of any such collection, use or storage of your financial information as required by law.

Our online surveys may ask visitors for contact information (like an email address or phone number) which they may voluntarily provide. We also may run contests on our website in which we ask visitors for similar contact information in order to participate. We use contact information from our surveys and contests to send information about products and services to these participating visitors.

2. Our Use Restrictions on Your Personally Identifiable Information

West Herr Hyundai does not sell, rent, or share personally identifiable information to or with any third party not affiliated with or owned by West Herr Hyundai, except service providers who may assist us in such areas as our promotions, credit checks, data storage and order processing (See Agents and Vendors below). West Herr Hyundai will never give or sell your personally identifiable information to unaffiliated third parties to be used for the purposes of sending you unsolicited commercial offers, such as spam. We may, however, use your personal information to send you commercial offers in e-mails from West Herr Hyundai or its affiliated companies, which do not relate to the products or services you have ordered. You may altogether avoid or opt out of these marketing campaigns (see "Opting Out" below).

We may also need to contact you for purposes other than marketing, for example to provide notice about the status of our website or the specific services you have requested. We also use this information to the extent necessary to enforce our website terms of service and to prevent imminent harm to persons or property. You may not opt-out of these kinds of communications. Consistent with our change policy (see "Your Consent and Notification of Changes" below), we will post any updates or notices about material changes in our policies on collection and use of your personally identifiable information to this Privacy Policy page.

3. Third Party Information About You

Our website supplements the information that you provide with information that we obtain about you from third parties, such as credit bureaus and other sources. To the best of our knowledge, we only deal with reputable providers who gather and maintain information in accordance with all applicable state and federal laws. Any such information will be maintained by us in accordance with the standards set forth in this Privacy Policy along with other personal information you've provided.

4. Our Agents and Vendors

West Herr Hyundai may use other companies and/or individuals to perform any functions described in this Privacy Policy, on our behalf. Examples include marketing, credit checking, data and network hosting, service reminders, verification of sales, order processing and fulfillment, administering contact information and e-mail services and running special promotions. Such parties only have access to the personal information needed to perform these functions and may not use or store the information for any other purpose. We obtain commitments from these agents and vendors working on our behalf to refrain from using any information provided by West Herr Hyundai to send you unsolicited e-mail messages from third parties or similar communications and from sharing your information with unrelated parties.

5. Disclosure of Personal Information As Required By Law or Otherwise

We will disclose personal information when required by law, or if we have a good-faith belief that such action is necessary to (a) comply with a current judicial proceeding, a court order or legal process served on us or to comply with the request of a law enforcement agency, (b) protect and defend our rights, or (c) protect the rights, property, and other interests of our users or others.

6. Links

Our website may contain links to websites not operated by us, as well as third party widgets and applications. Once you leave our website, we suggest that you review the applicable privacy policy of the third party website or application. West Herr Hyundai is not responsible for the privacy practices or content of these other sites. We encourage you to be aware when you leave our website and to read the privacy statements of each and every site that collects personally identifiable information from you. Our Privacy Policy applies solely to information collected by our website.

7. Security

West Herr Hyundai takes commercially reasonable precautions to protect your personally identifiable information. For example, we encrypt communications through our website with commercial strength encryption generally used by our industry. However, given the nature of the Internet and the fact that network security measures are not perfect, we cannot guarantee the absolute security of your information. If we are required to provide notice to you of a data security breach, the notice will be provided in electronic form.

8. Your Consent and Notification of Changes

By using any of our website or submitting information to us online, you agree that we may collect and use this information as stated in this Privacy Policy at the time we collect the information. If we decide to change our Privacy Policy in any material way, for a reasonable time we will post a concurrent notice to this Privacy Policy page on our website to alert you about the change in our privacy and information collection practices. In addition, if we make any material changes in our privacy practices that affect your personally identifiable information already stored in our database, we apply those changes to the personally identifiable information in our possession only as permitted by applicable law.

9. Opting Out

Visitors and customers have the opportunity to opt-out of receiving specific types of communications from us and our partners, such as e-mail, by not providing personally identifiable information at the point where our website requests such information about you. In addition, you may unsubscribe or opt out of all future e-mails from us, that do not relate to the products and services you have ordered, by clicking the unsubscribe link on any email marketing communication you receive.

10. Further Information about Our Privacy Policy and Practices

This Privacy Policy applies to all visitors and customers of our website. We may delete any or all of your information at any time without notice to you for any reason or no reason unless otherwise required by law to retain it. You may have other privacy protections under state laws and we will comply with any applicable state laws when we disclose information about you. This Privacy Policy replaces any previous policy on this topic and any statements or disclosures to you about our information practices.

Hyundai Dealer Website Privacy Policy

Disclosure of Certain Information to Hyundai Motor America. West Herr Hyundai is an independent Hyundai franchised dealership. When you use this website, West Herr Hyundai may disclose personal information we collect about you, including personal information we collect on this website or that you otherwise provide to us, to Hyundai for Hyundai's marketing and other business purposes. For example, when you indicate that you would like to receive more information about Hyundai and its products, services or offers, personal information such as your name, address, city, state, zip code, email address and telephone number will be provided to Hyundai. In addition, if you buy or lease a Hyundai vehicle from West Herr Hyundai, we may share information about your vehicle purchase (such as vehicle identification number (VIN), make, model, model year, date of purchase or lease and service history) with Hyundai. Please review the Hyundai Motor America Privacy Policy for more information about Hyundai Motor America's privacy practices.

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