Privacy Policy for Penkhus Motor Company

NOTICE: This Privacy Policy Contains an Agreement to Arbitrate Disputes and a Class Action Waiver.

Introduction and Scope

Penkhus Motor Company and its subsidiaries (referred to as the "Dealership," "we," or "us") is committed to safeguarding your privacy. This Privacy Policy describes how we collect, use, and disclose information obtained when you visit our physical location(s), our website(s) (the "Sites"), or access our products and services (the "Services").

This policy applies to all visitors and customers, including those seeking financing.

Note on Retention: If you become an inactive customer or if your account is closed/suspended, we will continue to adhere to the Privacy Policy in place when we collected your personal information for as long as we retain it. We may delete any or all of your information at any time unless we are otherwise required by law to retain it.

Guiding Principles

Our policy is developed using the following principles:

  • No Spam Policy: Subscribers to our services will not receive unsolicited email messages from us.
  • Purposeful Data Collection: We collect information primarily to provide you with a relevant experience, avoiding excessive or irrelevant data collection.
  • Security: We take reasonable physical, electronic, and managerial measures to safeguard and secure the information you provide (e.g., data stored in protected databases on secured servers).
  • Consent for Sharing: We will not share any information you've provided without your consent, other than as necessary to provide the service you've specifically requested or as permitted under law (see Section 3).

Legal Framework Notes

  • Federal Law Preemption: Our processing, sale, and/or sharing of personal data is subject to federal laws, including the Gramm-Leach-Bliley Act (GLBA) and the Fair Credit Reporting Act (FCRA). These federal laws may exempt your data from certain state laws.
  • State Law Applicability: To qualify for state-specific rights (e.g., CPA), you must be a resident of that state.

Information We Collect and Use

A. Non-Personally Identifiable Data (Collected Automatically)

When you visit our Sites, we automatically gather certain non-personally identifiable information (anonymous and aggregate data), including: browser type, IP address, service provider, search engine used, and navigational data on site usage. We use this data for server diagnostics, site administration, and compiling statistics.

Note on Linking: If you accept the use of cookies/similar technologies, this anonymous data may be combined or linked in ways that might identify you.

B. Information Voluntarily Provided

Any personal information (name, e-mail address, etc.) you provide when you: enroll in services, request information, or use interactive portions of our Sites is securely maintained. This information is used to fulfill your requests, provide special notices, and tailor your site experience.

C. Data Collected through Modern Tools

  • Chat Modules: When using our chat, you consent to us (or our vendors) collecting information you enter (name, email, etc.), storing transcripts, and collecting analytics data (IP address, geolocation) to improve services. By using the chat, you consent to this collection and analysis.
  • Session Replay Tools: By interacting with our Sites, you consent to us (or our vendors) using session replay tools to recreate your sessions, capturing interactions and potentially personal information to maximize customer experience.

D. Information Collected from Other Sources

We may receive information about you from other sources. We require providers of such information to warrant that the data was gathered in accordance with all state and federal laws.

Disclosure of Personal Information

We collect and maintain personal information for our use and the use of our subsidiaries.

Note on Sale and Marketing: While we do not sell personal data for monetary value, we may disclose personal data (e.g., to vehicle manufacturers or for targeted advertising) in a way that may be considered a "sale" under certain state laws (like the CPA). You have the right to opt-out of such activities (see Section 6).

Circumstances for Disclosure

  • Business Partners: We may share information with select partners to provide expanded services (e.g., E-Mail Reminder Service).
  • Agents (Service Providers/Contractors): These parties only have access to the necessary personal information to perform functions on our behalf (e.g., email administration) and may not use or store the information for any other purpose.
  • Business Transfers: Consumer information may be transferred as a business asset during direct or indirect reorganizations (e.g., mergers, sales of assets).
  • Compliance with Law/Safety: Disclosure may occur based on a good faith belief that it is necessary to comply with the law or to protect users, our Web sites, or the public.
  • With Consent: Other than as set forth here, you will be notified when any personally-identifiable information about you may be shared with third parties, and you will be given the opportunity to decline.

Child Privacy Protection

Our Sites and Services are not intended for children under thirteen (13) years of age. We do not knowingly collect or use personal information from children under 13. If you are under 13, do not provide any information on our Sites or through our Services.

Cookie Use Policy

We use cookies and similar technologies (web beacons, tracking pixels, scripts, etc.) for content delivery, tracking, and personalized experience.

Cookie Categories

Category Definition & Function
Essential Cookies Critical for basic site functioning (navigation, security, session maintenance). Opt-out is not supported.
Functional Cookies Allow the Sites to remember user choices (login, language) and enable optional tools (chat modules).
Marketing Cookies Analytics Cookies: Collect statistical data. Targeting Cookies: Deliver targeted ads based on interests/behavior (includes cross-context behavioral advertising).

Tracking Preferences and Opt-Outs

  • DNT & GPC Support: We support Do-Not-Track (DNT) and Global Privacy Control (GPC). If enabled on your browser or device, it will override your preferences selected in the cookie banner, effectively acting as an opt-out mechanism.
  • General Opt-Out: You may opt-out of cookies as described in the cookie banner or by enabling DNT/GPC. You can also manage cookies through your browser settings.

Colorado Consumer Privacy Act (CPA) Disclosures

The following disclosures and rights are specifically for residents of Colorado, where the CPA may apply.

Categories of Data Collected (CPA Notice of Collection)

  • Identifiers: Real name, postal address, IP address, email address, SSN, driver’s license number, passport number, cookies, pixel tags, and similar identifiers.
  • Sensitive Data: As defined in the CPA (racial/ethnic origin, biometric data, health diagnosis, etc.).

Business Purpose for Collection: Advertising & Marketing.

Your Rights Under the CPA

As a Colorado resident, you may exercise the following rights:

  1. Right to Opt-Out of Targeted Advertising and Sale. (We do not sell data of minors under 16).
  2. Right to Access and Know (Right to Know).
  3. Right to Correct Personal Data.
  4. Right to Request Deletion (Right to Delete).
  5. Right to Data Portability.
  6. Non-Discrimination.
  7. Right to Appeal. (Contact the Colorado Attorney General if the appeal is denied).

Submission and Contact

  • How to Submit: Use the Contact Us form or call (719) 473-4595.
  • Authentication: Identity verification (SMS, email, or security questions) is required.
  • Authorized Agents: Agents must upload proof of authorization (e.g., signed power of attorney).

Security, Access, and Other Notices

Access, Passwords, and Forums

  • Access/Editing: You can gain access to and edit data we've collected about you by contacting us.
  • Passwords: Do not disclose or otherwise reveal your password for your account, as it is required to access your data record.
  • Public Forums: Any information disclosed in public areas (chat rooms, forums) becomes public information.

General Notices

  • International Visitors: Information provided will be processed and maintained on our systems located within the U.S.
  • External Links: We are not responsible for the privacy practices or content of linked third-party sites.
  • Opt-out Procedures (General): You may always opt-out of receiving future communications from our dealership.
  • Contacting the Web Sites (General & CPA): If you have questions concerning this Privacy Policy, please contact us by phone: (719) 473-4595.

Dispute Resolution and Arbitration Agreement

Initial Dispute Resolution Procedure

If a controversy, claim, or dispute (a "Dispute") arises, you and the Dealership agree to first attempt an informal, good-faith resolution by providing written notice to the other party, allowing 30 calendar days to resolve the Dispute.

  • Notice to us must be sent to: ATTN: Dispute Resolution Department 1101 Motor City Drive Colorado Springs, CO 80905.
  • This procedure is a condition precedent before initiating litigation or filing a claim.

Arbitration, Class Action Waiver

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

This means we agree to resolve any unresolved disputes through arbitration, which is an alternative to a court trial.