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”).

COLLECTION AND USE OF YOUR INFORMATION BY GM

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.

INFORMATION DIRECTED TO THIS GM DEALER FINANCIAL INSTITUTIONS

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.

USE OF COOKIES AND OTHER TRACKING DEVICES BY THIRD PARTIES

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.

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 ([email protected]) 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 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.

DEALER PRIVACY POLICY

Business Partners. Our dealership may partner with select retailers and other companies at various times to provide expanded services to our site visitors. As part of such a relationship, we may share with these companies the use of certain interactive website functions. Information provided by site visitors through the use of such interactive functions may be available to both our dealership and our partners.

Agents. We may provide your information to third party service providers (subject to confidentiality agreements) that perform services on our behalf or to vehicle manufacturers or their respective captive finance companies. Examples include administering 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. Subscribers or site visitors will never receive unsolicited e-mail messages from agents working on our behalf.

Business Transfers. If our dealership sells or transfers a particular portion of its business assets, consumer information may be one of the business assets transferred as part of the transaction. If substantially all of the assets of our dealership are acquired, consumer information may be transferred as part of the acquisition.
External Links . There are several points within our site that link to third party sites that may also require various pieces of personal information. Our dealership is not responsible for the privacy practices or the content of such websites. Each of these sites has their own privacy policy governing use on their sites. To help ensure the protection of your privacy, we recommend that you review the privacy policy of any site you visit via a link from one of our websites.

2. Affiliates. Our affiliates are other companies in the West Herr corporate family. In addition to using affiliates to perform services, we may share your information among our affiliates.

3. Compliance with Law/Safety. Our dealership may disclose specific personal information based on a good faith belief that such disclosure is necessary to comply with or conform to the law or that such disclosure is necessary to protect the users of our websites, the sites themselves, or the public.

Except as set forth above, we do not disclose, nor do we reserve the right to disclose, any non-public personal information about our consumers, customers or former customers to anyone, except as permitted by law. Within West Herr, we restrict access to non-public personal information about you to “those employees who need to know that information to provide products or services to you.” We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your non-public personal information.

Does West Herr provide a way to update, remove or restrict use of personal information?

A customer wishing to change, update, remove or restrict use of personal information may advise us by e-mail [email protected]; or by writing to the address below and you may also at any time opt out from receiving any future communications from West Herr by contacting us at:

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

Do we use cookies?

Our dealership may use a browser feature known as a “cookie.” Cookies are small pieces of computer code that are transmitted to a user’s computer when a user accesses a particular website. They are widely used on the Internet for, among other things, customizing a user’s interaction with the website. West-Herr uses cookies to assist us in making your website visit more enjoyable. Cookies can also be utilized to help us provide you with information targeted to your interests, based upon your prior browsing on our websites. The “help” section of the toolbar on most browsers will inform you on how to prevent your browser from accepting new cookies, how to have the browser notify you upon the receipt of a new cookie, or how to disable the use of cookies completely. As our websites have been designed to take advantage of the use of cookies. Should you configure your browser to decline their use, certain features of our websites may not function correctly and you may be required to renter any user IDs and passwords more frequently.

Accessing Our Websites from Outside of the United States

If you are visiting our website from a location outside of the U.S., your connection will be through and to servers located in the U.S. Any information you provide during your visit will be processed and maintained on our web server and other internal systems located within the U.S.

Passwords

The personal data record created through your registration with our website can only be accessed with the unique password associated with that record. To protect the integrity of the information contained in this record, you should not disclose or otherwise reveal your password to third parties.

Public Forums

Our websites may make chat rooms, forums, message boards, and/or news groups available to its users at various times. Please remember that, unless otherwise stated, any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information in these areas.

Browser-Based Do Not Track

Some browsers incorporate a “Do Not Track” (DNT) feature that, when turned on, signals to websites and online services that you do not want to be tracked. Because there is not yet an accepted standard for how to respond to a DNT signal, we do not currently respond to DNT signals on this website or on websites where we provide advertisements, content, or other services.

Can we change our privacy policy?

We reserve the right to change or modify our privacy policy at any time, but will inform you of any changes. We will not make any changes to our policy which would allow us to otherwise disclose any information about you unless you consent to such a change. In addition, any changes to our privacy policy are subject to federal and state privacy laws which protect the confidentiality of certain information that you provide us.

Your consent

Your submission of information to West-Herr via our secure web properties constitutes an acceptance of the above privacy policy.

Collection and use of your information by GM:

When you use this site, GM will have access to personal information you enter on this site and to information about your browsing activities on this site. When you indicate that you would like to receive more information about GM and its products, services or offers, your name, address, city, state, zip code, email address and telephone number will be provided to GM. In addition, if you buy or lease a GM vehicle from this Participating Dealer, the Participating Dealer 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 GM as the vehicle manufacturer in accordance with this dealership’s privacy statement provided below. For more information about how GM uses your information, please visit http://www.gm.com/privacy.