Welcome to this website ("Site"), as operated by Eighty Eight Brands LLC. ("Company" or "we"). Company operates the Site and other associated services and offerings , including, without limitation, mobile and tablet applications, that allow users to list and/or locate cars, trucks or other automobiles for sale (collectively, the "Service"), and makes it available to you subject to the Terms of Service (the "Terms"). This Privacy Policy is incorporated into and is subject to the Terms of Service. Capitalized terms used but not defined in this Privacy Policy have the meaning given to them in the Terms of Service.
This statement governs information you provide to us or that we learn from you and other users of the Service (individually "User" or collectively, "Users") through use of the Service, and describes how we may collect, use, and disclose this information.
User Provided Information. You may provide to Company what is generally called "personally identifiable" or "personal" information when you register or use the Service, such as your name, e-mail address, gender, physical address, telephone number, and credit card number, as well as a variety of other personal information such as information about your demographic profile and interests. Any time you enter information into a form or other data entry field available on the Service, Company collects and stores any personal information you include.
Aggregate Data. Aggregate data is data we collect about a group or category of features, services or individuals, from which individual identities have been removed. For example, information about how you use a feature may be collected and combined with information about how others use the same feature, without any personal information included in the resulting data.
"Cookies" Information. When you use the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your computer. Company uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. By using these cookies, we can "remember" what you have done on the Service before and personalize our site for you. These persistent types of cookies can be removed, but each web browser is a little different, so please look through your browser "Help" file to learn the correct way to modify your cookies set-up. Please note that disabling cookies may prevent you from accessing some of the functionality available via the Service. In addition, in order to recognize you, store your preferences, and track your use of any application, we may store your mobile device IDs (the unique identifier assigned to a device by the manufacturer) when you use the Service. Unlike cookies, mobile device IDs cannot be deleted.
"Automatically Collected" Information. When you visit the Service or open one of our HTML emails, certain information from your web browser, mobile device or email client may be recorded through use of different types of technology, including "clear gifs" or "web beacons". This "automatically collected" information may include your Internet Protocol address ("IP Address"), mobile device type, web browser type, the web pages or sites that you visit just before or just after the Service, the pages you view, and the dates and times that you use the Service. Without limiting the generality of the foregoing, we also allow analytics companies to use tracking technologies to collect information about our Users computers or mobile devices and their online activities. These companies analyze this information to help us understand how the Service is being used. Analytics companies may use mobile device IDs, as described in the paragraph above.
Third Party Buttons . We may implement third party buttons (such as Facebook "like" or "share" buttons or Twitter "tweet" buttons) that may allow third parties to collect information about you through such third parties' browser cookies, even when you do not interact with the button. Information collected through buttons is collected directly by these third parties, and Company does not participate in that data transmission. Information collected by a third party in this manner is subject to that third party's own data collection, use, and disclosure policies.
You may be given the option to access or register for the Service through the use of your user name and passwords for certain services provided by third parties (each, an "Integrated Service"), such as Google or Facebook credentials, or you may otherwise have the option to authorize an Integrated Service to provide personal information or other information to us. By authorizing us to connect with an Integrated Service, you authorize us to access and store your name, email address(es), education, profile pictures, interests and activities, your gender and age, your hometown, school, employer, your username and other information that the Integrated Service makes available to us. Company may use and disclose any such information in accordance with this Privacy Policy. You should check your privacy settings on each Integrated Service to understand and change the information sent to us through each Integrated Service. Please review each Integrated Service's terms of use and privacy policies carefully before using their services and connecting to our Service.
Information from Other Sources. If we combine or associate information from other sources with personal information that we collect through the Service, we will treat the combined information as personal information in accordance with this Privacy Policy.
Company uses information that we collect through the Service for a variety of purposes, including those described below:
Providing and Supporting the Service. Company uses the information that we collect to provide to you all of the features and services found on the Service. We will use your email address, without further consent, for non-marketing or administrative purposes such as notifying you of major Service updates, responding to your requests, and sending you other types of notices.
Improving the Service. Company may use all of the information that we collect from our Users to understand usage trends and preferences, to improve the way the Service works and looks, to improve our marketing and promotional efforts, and to create new features and functionality.
Monitoring the Service. Company may use automatically collected and cookies information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (b) provide custom, personalized advertisements, content, and information; (c) monitor the effectiveness of our marketing campaigns; and (d) monitor aggregate usage metrics such as total number of visitors or users and pages viewed.
Marketing the Service. Company may use your email address or other personally identifiable information to send promotional or marketing messages relating to the Service, which you will have the ability to opt-out of.
Company discloses information that we collect through the Service to third parties for a variety of purposes, including those described below.
Fulfilling User Requests. Company may disclose both personally identifiable, automatically collected information and any other information to certain third parties in order to fulfill User requests. For instance, if you respond to an offer or listing for a third party's product(s) or service(s) or sign up to be notified about related offers or listings from that third party or other third parties, then Company will provide such third parties with your information in order to fulfill your request. In addition, if, for example, you post a listing on the Site and agree that we may make it available to third parties, we will provide the listing and all related information to such third parties. YOU EXPRESSLY AGREE THAT COMPANY OR THIRD PARTIES TO WHICH WE FORWARD YOUR CONTACT INFORMATION MAY CONTACT YOU BY EMAIL, TELEPHONE, POSTAL MAIL, OR OTHER FORMS OF COMMUNICATION AS PERMITTED BY LAW IN ORDER TO FULFILL YOUR REQUESTS AND YOU AGREE TO RECEIVE SUCH COMMUNICATIONS WHEN YOU SUBMIT YOUR CONTACT INFORMATION TO US, REGARDLESS OF THE PRESENCE OF YOUR PHONE NUMBER(S) OR EMAIL ADDRESSES ON ANY LOCAL OR NATIONAL NO-CALL OR SIMILAR NON SOLICITATION LISTS. COMPANY'S PRIVACY POLICY DOES NOT APPLY TO ANY THIRD PARTY'S HANDLING OF YOUR INFORMATION AND WE ARE NOT LIABLE IF THEIR USE OF YOUR INFORMATION IS IN VIOLATION OF THIS PRIVACY POLICY OR ANY APPLICABLE LAW. IF YOU WOULD LIKE A THIRD PARTY TO DELETE OR UPDATE YOUR INFORMATION OR STOP CONTACTING YOU, YOU MUST CONTACT THEM DIRECTLY.
Operating the Service. Company may disclose both personally identifiable and automatically collected information to certain third parties to process such information on our behalf, to provide website or other services, maintenance, and security, to manage our contacts and send out promotional messages on our behalf, to assist us in improving the way the Service works and looks, and to create new features. Generally, such disclosures are made under obligations of confidentiality.
Aggregate Data. We may share automatically collected and aggregate data with interested third parties to assist them in understanding the interest and usage patterns for certain information, products, services, data, content, advertisements, promotions, and/or functionality on the Service.
Legal Rights and Interests. Company may share personal information about Users with third parties when it believes that such a disclosure is appropriate to carry out a User's request or it reasonably believes that doing so is legally required or is in Company's interest to protect its property or other legal rights or the rights or property of others.
Third-Party Marketing. We may sell or render access to User information, including contact information, to third-party organizations for their use in marketing or promoting products or services that they believe you may be interested in based on your use of the Service. For example, if you express a desire to be contacted about a listing with particular features, we may provide your information to third parties so that they may contact you directly regarding their listings that may be similar to the one you expressed interest in.
Change in Control. Information about our Users, including personally identifiable information, may be disclosed or otherwise transferred as part of any merger, acquisition, debt financing, or sale of Company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personally identifiable information is transferred to third parties as one of our business assets.
Public Areas . Any information that you voluntarily choose to include in a publicly (or semi-publicly) accessible area of the Service, such as a public profile page or communications you may initiate or engage in through the Service, will be available to anyone who has access to that content, including other Users. We cannot control who reads your posting or what other Users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information.
You may, of course, decline to share your personally-identifiable information with Company, in which case Company will not be able to provide to you some or all of the features and functionality found on the Service.
If you receive promotional email from Company, you may unsubscribe at any time by following the instructions contained within the email. Even after you opt-out from receiving promotional messages from Company, you will continue to receive administrative messages from Company regarding the Service.
To protect your privacy and security, we take reasonable steps to verify your identity before granting Users' profile access. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.
You may request that we use commercially reasonable efforts to delete your information by contacting us at support@eightyeightbrands.com.
Consistent with the federal Children's Online Privacy Protection Act of 1998 (COPPA), we do not knowingly collect personally identifiable information from anyone under the age of thirteen (13) without parental consent. Any person who provides their personal information to Company through the Service represents that they are 13 years of age or older. If you believe that we have collected information from an individual under the age of 13, please contact us so that we may take appropriate steps to address the issue.
Company may allow other companies, called third-party ad servers or ad networks, to serve advertisements within the Service. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Service. They automatically receive your IP Address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content. Further, these advertisers may also serve ads to you on other websites (including ads for Company products and services) based on information collected from you while using the Service. For example, Company uses Google's "remarketing" service to target Company ads to you based on your prior use of the Service when you visit other sites in Google's content network.
You should be aware that advertisers may target advertisements to users based on a certain audience or audience segment. If you respond to this type of targeted advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they were trying to reach.
You should consult the respective privacy policies of these third-party ad servers or ad networks. Company's Privacy Policy does not apply to, and we cannot control the activities of, such advertisers or other websites.
The Service may contain links or references to external websites. These are provided for your convenience only, and we do not have control over the privacy or security practices and policies of third party sites. Any personal information you provide on linked pages is provided directly to that third party and is subject to that third party's privacy policy. Please learn about the privacy and security practices and policies of external websites before providing them with personal information.
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we take steps to protect your information from unauthorized access, disclosure, alteration, or destruction, which may include use of industry standard technologies and procedures. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of such firewalls and secure server software.
If Company learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Service 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 Service. Company may post a notice on the Service if a security breach occurs. If this happens, you will need a web browser enabling you to view the Service. Company may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us via email at support@eightyeightbrands.com.
The Service is hosted in the United States, and all or a portion of the Service may also be hosted on the "cloud", or other similar distributed hosting platform. If you are a User accessing the Service from the European Union, Asia, or any other region with laws governing personal data collection, use, and disclosure, that differ from United States laws, please note that you are transferring your personal data outside your home jurisdiction, including to the United States which does not have the same data protection laws as the EU and other regions, and by providing your personal data you consent to Company's use of your personal data for the uses identified above in accordance with the Privacy Policy; and the transfer of your personal data to the United States and other jurisdictions as indicated above.
We may occasionally update this Privacy Policy. When we do, we will also revise the "last updated" date on the Privacy Policy. For changes to this Privacy Policy that may be materially less restrictive on our use or disclosure of personal information that you have provided to us, we will attempt to obtain your consent before implementing the change, and without your consent, the new policy will not apply to information collected prior to the change. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the personal information we collect. Your continued use of the Service constitutes your going forward agreement to this Privacy Policy and any updates.
If you have any questions, comments, or concerns about this Privacy Policy, please email us at support@eightyeightbrands.com.
The California Consumer Privacy Act (“CCPA”) provides eligible California residents with specific rights with respect to our collection, retention, and use of Personal Information. This California Privacy Rights section supplements this Privacy Policy and applies solely to eligible residents of California as of January 1, 2020. Any terms not defined in this section have the same meaning as defined in the CCPA.
Right to Request and Obtain Information Regarding Personal Information. The California Consumer Privacy Act of 2018 (Cal. Civ. Code Section 1798.100 et.seq) (“CCPA”) entitles California residents to request information about the consumer’s Personal Information collected by the business in the 12 months preceding the request and concerning the categories of Personal Information; the categories of sources from which the Personal Information was collected; the business or commercial purpose for collecting or selling the Personal Information; the categories of third parties with whom the business shares Personal Information; and the specific pieces of Personal Information that a business has collected about the individual consumer. If the business also sells or discloses the Personal Information for a business purpose, in addition to the foregoing information, the consumer has the right to obtain the categories of Personal Information that the business sold about the consumer in the 12 months preceding the request and the categories of their parties to whom the personal information was sold (by category or categories of Personal Information for each third party to whom the Personal Information was sold); and the categories of Personal Information that the business disclosed about the consumer for a business purpose. These requests for information must be made by a “verifiable request” (as defined by the CCPA and the rules and regulations thereunder). California residents who wish to request the foregoing information in compliance with this law or have questions or concerns about our privacy practices and policies may contact us as specified in the "How to Contact Us and Submit Requests" section below.
Right to Have Personal Information Deleted. The CCPA entitles California residents to request that a business delete all Personal Information about the consumer that the business has collected, subject to certain exceptions set forth in the CCPA. These requests for information must be made by a “verifiable request” (as defined by the CCPA and the rules and regulations thereunder). California residents who wish to request the foregoing information in compliance with this law or have questions or concerns about our privacy practices and policies may contact us as specified in the "How to Contact Us and Submit Requests” section below.
Right to Opt-out From the Sale of Your Personal Information to Third Parties. The CCPA entitles California residents to direct that a business that sells Personal Information about the consumer to third parties not to sell the consumer’s Personal Information. California residents who wish to exercise this right in compliance with this law or have questions or concerns about our privacy practices and policies may contact us as specified in the "How to Contact Us and Submit Requests" section below. In addition, consumers may exercise this opt-out right by accessing the internet web page that we have provided at “Do Not Sell My Personal Information.”
No Discrimination Against Persons Exercising Rights Under the CCPA. Eighty Eight Brands LLC will not discriminate against any Consumer because the Consumer exercised any of the Consumer’s rights under the CCPA. Unless permitted by applicable law, we will not:
We do not currently offer any financial incentives with respect to the collection of your Personal Information. However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Information Regarding Collection and Sale of Personal Information and Requests. The following information regarding Personal Information collected and sold by Eighty Eight Brands LLC and Consumer requests can be accessed by emailing: support@eightyeightbrands.com.
Other California Privacy RightsRight to Request Information Regarding Sharing of Personal Information With Third Parties for Direct Marketing Purposes. The California “Shine the Light Law” (Cal. Civil Code Section 1798.83) entitles California residents to request information concerning whether a business has disclosed certain Personal Information about the consumer during the immediately preceding calendar year to any third parties for the third parties' direct marketing purposes. California residents who wish to request further information in compliance with this law or have questions or concerns about our privacy practices and policies may contact our Consumer Care Department as specified in the "Contacting Us Regarding Your California Privacy Rights" section below.
Children and Minors. Section 22581 of the California Business and Professions Code permits a resident of California who is both under the age of 18 and a registered user of any site on which this Privacy Policy is posted to request and obtain removal of content that the user has publicly posted. Please be aware that such requests do not ensure the complete removal of the content posted, and there may be circumstances in which the law does not require or allow removal, even if requested. To request removal of content under Section 22581 of the California Business and Professions Code, please contact us as specified in the "Contacting Us Regarding Your California Privacy Rights" section below. We do not sell personal information that if we have actual knowledge that we collected or maintain for minors under the age of 16 without the affirmative consents required by the CCPA.
How to Contact Us and Submit Requests to Exercise Your California Privacy Rights
If you have any questions regarding your California privacy rights (e.g., rights to opt-out of the sale of your Personal Information to third parties, your right to know about Personal Information we collect about you, your rights to have Personal Information deleted or to update Personal Information we have about you), please contact our Consumer Care Department by email at support@eightyeightbrands.com.
Submission of Requests To Exercise Privacy Rights (eligible California residents only)
To exercise your right to know about Personal Information we collect about you or to have us delete your Personal Information, you must submit a verifiable request to our Consumer Care Department by email at support@eightyeightbrands.com.
A verifiable consumer request must:
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. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Within ten (10) days of receiving a request to know or a request to delete Personal Information, we will confirm receipt and provide information about verification procedures and processing of the request. We will make our best effort to respond to a verifiable consumer request regarding your right to know or to delete your personal information within 45 days of receipt of a request. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will maintain records of consumer requests made pursuant to CCPA as well as our response to said requests for a period of at least twenty-four (24) months.
We will deliver our written response to a request to know information by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the receipt of your request. 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.
You may only make a verifiable consumer request for access Personal Information twice within a 12-month period.
To exercise your right to opt-out from the sale of your Personal Information, you must submit a request to our Consumer Care Department by email at support@eightyeightbrands.com.
We will act upon your request to opt-out from the sale of your Personal Information within fifteen (15) days after receipt of your request, and will notify all third parties to whom your Personal Information was sold, shared, or disclosed within the ninety (90) days prior to receipt of your request that you have exercised your right to opt-out and instruct these third parties to not to further sell, share or disclose your Personal Information. Upon completing these third-party notifications, we will notify you that these third-party notifications have been completed.
Once you make an opt-out request, if we wish to ask you to reauthorize sales of your Personal Information, we will wait at least twelve (12) months before asking you to reauthorize personal information sales.
You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
A Consumer who has exercised the Consumer’s right to opt-out from the sale of the Consumer’s Personal Information, may change the Consumer’s mind and opt back in to personal information sales at any time by submitting a request to our Consumer Care Department by email at support@eightyeightbrands.com. A two-step process will be used whereby the Consumer must first clearly submit the request to opt-in, and then second, separately confirm the Consumer’s choice to opt-in.
Request Fees
We do not charge a fee to process or respond to requests unless they are 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.
Only the Consumer, or an Authorized Agent that the Consumer has authorized to act on the Consumer’s behalf, may make requests related to the Consumer’s Personal Information. If a request is submitted by an Authorized Agent on your behalf, we will require that you provide the Authorized Agent written permission to do so and verify your own identity directly. The Authorized Agent will be required to submit proof that the Authorized Agent has been authorized by you to act on your behalf. The Authorized Agent must also be registered as an Authorized Agent for CCPA matters with the California Secretary of State.
Requests to exercise your rights under the CCPA require verification of your identity, and may be made only by you, your parent or guardian (if you are under 18 years of age), a person to whom you have given power of attorney pursuant to California Probate Code sections 4000 to 4465, or an authorized agent that is registered with the California Secretary of State. If a parent or guardian is submitting a request on behalf of a minor, the parent or guardian must submit proof that they are the parent or guardian of the subject consumer, and must verify the consumer’s identity (e.g., provide a notarized letter). If someone with power of attorney is making a request on behalf of a consumer, they must verify the individual consumer’s identity and submit documentation establishing the power of attorney. If an authorized agent is submitting a request on behalf of a consumer, they must verify the individual consumer’s identity, provide written permission from the consumer to submit the request on the consumer's behalf, and submit documentation establishing registration with the Secretary of State. If Eighty Eight Brands LLC cannot verify that the requestor is authorized by the consumer to act on such consumer’s behalf, Eighty Eight Brands LLC is not obligated to provide information or respond to the request. If you have any questions about making a request on behalf of another consumer, please contact our Consumer Care Department by emailing support@eightyeightbrands.com.