PRIVACY POLICY

Effective Date: October 1, 2024

Fletcher Jones Auto Group consisting of Audi Beverly Hills, Audi Fletcher Jones, Audi Fremont, Audi Long Beach, Fletcher Jones Audi, Fletcher Jones Imports, Fletcher Jones Motorcars, Fletcher Jones Motorcars of Fremont, Fletcher Jones Toyota of Carson, Mercedes-Benz of Chicago, Mercedes-Benz of Henderson, Mercedes-Benz of Ontario, Porsche Fremont, Porsche Long Beach and Porsche Walnut Creek, (collectively “FJAG,” “we,” “us,” or “our”) respects the privacy of the information you have entrusted to us. This Privacy Policy (“Policy”) applies to both the online and offline collection of personal information by FJAG. This Privacy Policy describes how we collect and manage personal information, which is any information relating to an identified or identifiable natural person. Personal information does not include aggregated or deidentified information. By using our website and services (collectively, the “Services”), you acknowledge you have read and understand the terms and conditions of this Policy. If you do not agree to the terms and conditions of this Policy, please do not use our Services.

Your use of our Services is also governed by our Terms of Service

PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH REQUIRES, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, YOU AGREE TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST FJAG ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS OR CONSOLIDATED CAPACITY.

INFORMATION COLLECTED, HOW WE USE IT, AND WHO WE SHARE IT WITH

Below is a chart regarding the personal information we have collected about consumers (excluding job applicants and employees) during the last 12 months. We retain the below information for as long as required to provide you with the Services, comply with our legal obligations, resolve disputes, and enforce our agreements. If you are an employee of any FJAG dealership, please refer to the specific Employee Privacy Policy for an explanation of how we collect, use, and retain employee personal information.

Category of Personal Information	Sharing/Sale of Information	Disclosures to Third Parties for a Business Purpose
Identifiers, such as: Name, postal address, email address, IP address, identification numbers (e.g., social security number, driver’s license number, state identification number, military identification number or passport number)	• To vehicle manufacturer for marketing and analytical purposes, if customer purchased/leased a new or certified vehicle or if their vehicle was serviced at our dealership • To state or federal agencies, when required by law	• To service providers for administrative and operational assistance • To warranty, insurance or service contract administrators, if applicable to transaction • For safety and warranty purposes, disclosure to vehicle manufacturer, if customer purchased/leased a new or certified vehicle or if their vehicle was serviced at our dealership
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as: Phone number; insurance information; bank account number, credit card number, debit card number, or other financial information, including information relating to consumers’ vehicle financing or lease terms, along with vehicle information; and/or signature(s).	• To vehicle manufacturer for marketing and analytical purposes, if customer purchased/leased a new or certified vehicle or if their vehicle was serviced at our dealership • To state or federal agencies, when required by law	• To service providers for administrative and operational assistance • To banks to confirm availability of funds
Protected classification characteristics, such as: A photocopy/scan of government issued identification reveals personal information. For example: • Driver’s license/state identification card - includes image, date of birth, physical description and gender • Permanent resident card - includes image, date and place of birth; • Social security card - includes social security number • Passport - includes image, date and place of birth and nationality • Military ID - includes image and rank • Completion of a Translated Contract Acknowledgement or signing of translated documents reveals a consumer’s primary language	• To state or federal agencies, when required by law	• To service providers for administrative and operational assistance • To manufacturer or lender for processing rebate, if applicable
Commercial information, such as: Vehicle information, vehicle ownership information, vehicle transaction information relating to purchase or lease of vehicles (including finance or lease terms), purchase of parts, service repairs, maintenance or vehicle inspections	• To vehicle manufacturer of some of the listed personal information, if customer purchased or leased a new or certified vehicle or if their vehicle was serviced at our dealership • To state or federal agencies, when required by law	• To service providers for administrative and operational assistance • To warranty, insurance or service contract administrators, if applicable to transaction • For safety and warranty purposes, disclosure to vehicle manufacturer, if customer purchased/leased a new or certified vehicle or if their vehicle was serviced at our dealership
Biometric information Consumers who finance/lease vehicles may be asked to complete a “Thumbprint form”	N/A	N/A
Internet or other similar network activity information, such as: IP address, browsing history, and search history	N/A	• To service providers for administrative and operational assistance
Geolocation information, such as: IP address and vehicle location	N/A	• To service providers for administrative and operational assistance
Sensory data, such as Audio information from voicemail messages and/or recorded phone calls (with consumers’ consent)	N/A	• To service providers for administrative and operational assistance
Professional or employment-related information, such as: Information regarding current occupation	• To state or federal agencies, when required by law	• To manufacturer or lender for processing rebate or employee discount, if applicable
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)), such as: Information regarding whether a consumer is or will soon be a college graduate	N/A	• To manufacturer or lender for processing rebate, if applicable
Inferences drawn from personal information to create a profile, such as: Information regarding consumers’ vehicle preferences and needs	N/A	• To service providers for administrative and operational assistance
Sensitive Personal information, such as: Social Security number, driver’s license number, state identification number, passport number; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation information; contents of mail, email, and text messages unless the business is the intended recipient of the communication; genetic data; biometric data for the purposes of uniquely identifying a consumer.	• To state or federal agencies, when required by law	• To service providers for administrative and operational assistance • Some of the listed personal information is disclosed to banks to confirm availability of funds

Categories of sources from which the personal information is collected

• Directly from consumers • Indirectly from consumers (e.g., from observing consumers’ actions on our Services); • Third-parties, including advertising companies, analytics providers, vehicle manufacturer, and websites or companies that provide information regarding vehicles or provide listings of vehicles available for sale/lease, that forward identifiers provided by consumers • Government’s Military Lending Act website • From vehicles equipped with GPS tracking (as permitted by law)

Business or commercial purpose for collecting, selling, or sharing personal information

• To send informational and marketing communications, respond to requests and inquiries, and communicate with consumers regarding our products or services • Enter into transactions with consumers, obtain authorization to collect payment from consumers, collect payment from consumers, confirm acknowledgement of receipt of documents we provide to consumers, process transaction(s), process insurance or service contract claims; to effectuate, or in anticipation of effectuating, a vehicle repair covered by a vehicle warranty or a recall; provide copies of certain documents written in the language in which a transaction was primarily negotiated as required by law, and retain records of transactions as required by law • Complete government forms • To confirm consumers’ identity, confirm consumers are at least 18 years old, confirm consumers are licensed to drive our vehicles or take delivery of a vehicle they have purchased or leased from us, and confirm insurance coverage • Confirm eligibility for a manufacturer/lender rebate and to apply for and process any applicable rebate, and confirm eligibility for employee price discounts, if applicable • Determine coverage under the Military Lending Act in connection with a financed vehicle transaction • Appraise consumers’ vehicles, improve user experiences by making our website easier to use and navigate, and more personalized based on the profile we create about an individual consumer • Vehicle tracking as permitted by law; GPS information relating to mileage and usage of our service loaner vehicles • Some phone calls are recorded (with your consent) for training our staff and for compliance/quality assurance purposes

WEBSITE TRACKING TECHNOLOGIES; COOKIES

We may use cookies and other similar technologies on our website. Cookies are small text files placed on your device that uniquely identify your device and which a website can transfer to a consumer’s hard drive to keep records of his or her visit to a website. We may use session cookies or persistent cookies. Session cookies only last for the specific duration of your visit and are deleted when you close your browser. Persistent cookies remain on your device’s hard drive until you delete them or they expire. Different cookies are used to perform different functions, which are explained below:

• Essential. Some cookies are essential in order to enable you to move around our website and use its features, such as accessing secure areas of our website. Without these cookies, we cannot enable appropriate content based on the type of device you are using.

• Analytics. We use Google Analytics to measure how you interact with our website and to improve your user experience. To learn more about Google Analytics privacy practices and opt-out mechanisms, please visit the Google Analytics Security and Privacy Principles page at https://support.google.com/analytics/answer/6004245?hl=en

Google also provides a complete privacy policy and instructions on opting-out of Google Analytics at https://tools.google.com/dlpage/gaoptout.

There are several ways to manage cookies. You can control the use of cookies at the browser level, by instructing your browser to accept cookies, disable cookies or notify you when receiving a new cookie. Please note that if you reject cookies, you may still use our website, but your ability to use some features or areas of our website may be limited. The Network Advertising Initiative also offers a means to opt-out of a number of advertising cookies. Please visit www.networkadvertising.org to learn more. Note that opting out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted-out will no longer deliver ads tailored to your preferences and usage patterns.

COLLECTION AND USE OF INFORMATION FROM CHILDREN

Our Services are not intended for children. We do not knowingly collect personal information from children under the age of 16, and none of our Services are designed to attract children. In the event that we learn that a person under the age of 16 has provided personal information to us, we will delete such personal information as soon as possible.

OPTING OUT OF CERTAIN COMMUNICATIONS

We provide you the opportunity to opt-out of marketing communications by clicking the “unsubscribe” link in email communications or by contacting us using the contact information provided below. We will process your request as soon as possible in accordance with applicable law, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed.

Additionally, we may send you information regarding our Services, such as information about changes to our policies and other notices and disclosures required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature, rather than promotional.

THIRD-PARTY LINKS

Our website contains links to other sites. FJAG is not responsible for the privacy practices or content of such other sites. If you have any questions about how these other sites use your information, you should review their policies and contact them directly.

YOUR CALIFORNIA PRIVACY RIGHTS

Residents of California have the right to object to our collection and use of their personal information at any time, or to require us to review, transmit, change, or delete your information that we have collected and retained about them. We will fulfill your request to exercise any of these rights within the applicable time period subscribed by such laws. You can exercise these rights, express concerns, or obtain additional information about the use of your personal information by contacting us as outlined below.

Specifically, residents of California have certain rights with respect to their personal information, described below. Below this list of rights, we describe how California residents can exercise their rights including appealing a denial of a rights request.

• Right to Know or Access: You have the right to obtain confirmation about whether or not your personal information is being processed by us. You have the right to access the personal information we hold about you and/or request other related information, such as the purposes for which use that information, the categories of personal information we process about you, the recipients (or categories of recipients) to whom your personal information has been or will be disclosed, the retention period for such personal information, or, if not possible, the criteria used to determine that period, your legal rights with respect to your personal information, etc.

• Right to Delete: You have the right to request the deletion of your personal information, except under certain circumstances subject to applicable law.

• Right to Correct: You have the right to correct or update your personal information if inaccurate.

• Right to Opt-out of Sale, Sharing, and Targeted Advertising of your Personal Information: You have the right to opt-out of the sale and sharing of your personal information to third parties. You also have the right to opt out of the processing of your personal information for the purposes of targeted advertising.

• Right to Nondiscrimination: You have the right to non-discrimination, such as to receive equal service and pricing from a business, even after exercising your rights.

• Right to Data Portability: You have the right to receive the personal information that you have given us and that we are processing, in a structured, commonly used and machine-readable format. You also have the right to send that personal information to another controller.

• Right to Opt-out of Profiling: You have the right not to be subject to a decision based solely on profiling or automated decision-making.

• Right to Limit the Use and Disclosure of Sensitive Personal Information: You have the right to limit the use and disclosure of your sensitive personal information if we use such information to infer characteristics about you; however, we do not use your sensitive personal information for these purposes, so we do not offer the right to limit.

Submit a Consumer Privacy Request. To exercise any of the above rights, please submit a verifiable consumer privacy request to FJAG:

• By completing our webform located at:

• By toll free phone number: (833) 740-2626

Verification. We cannot respond to your request or provide you with personal information unless we can verify your identity and your authority to make the request and confirm that the personal information relates to you. A verifiable consumer privacy request must:

• provide sufficient information that allows us to reasonably verify you are the person about whom we have 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 may ask for you to confirm data points we already have about 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.

Authorized Agent. As a resident of California, you may, under certain circumstances, authorize another individual or a business, called an Authorized Agent, to make requests on your behalf. Such Authorized Agent must be registered with the California Secretary of State. If you wish to have an Authorized Agent make a verifiable consumer request on your behalf, they will need to provide us with sufficient written proof that you have designated them as your Authorized Agent, and we will still require you to provide sufficient information to allow us to reasonably verify that you are the person about whom we collected personal information.

FJAG’s Response. We endeavor to respond to a verifiable consumer request within 45 days of receipt. If we require more time, we will notify you in writing of the reason and extension period. 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 receipt of the verifiable consumer request. If we cannot comply with part or all of your request, we will explain the reasons in our response.

We do not charge a fee to process or respond to your verifiable consumer privacy 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.

Appeals. California residents have the right to appeal a denial of their rights request by contacting us as described in our notice of denial.

California “Shine the Light” Law

California Civil Code Section 1798.83 permits visitors to the Services who are California residents to request certain information, once a year, regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us an email using the contact information provided below and put “Shine the Light Request” in the subject line of your email.

Nevada Disclosure

Residents of Nevada have the right to opt out of the sale of certain personal information to third parties. We currently do not sell your personal information as defined by Nevada law.

NOTICE REGARDING PUBLIC POSTING AREAS

Please note that any information you include in a message you post to any public posting area is available to anyone with Internet access. If you do not want people to know your email address, for example, do not include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN PUBLIC POSTING AREAS. FJAG IS NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN PUBLIC POSTING AREAS.

DISCLAIMER REGARDING VIDEO CONTENT

The Services may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Video Content is provided for the purpose of enhancing the user experience within the Services and is, therefore, provided in connection with FJAG providing its automotive dealership-related Services. FJAG is not in the business of renting, selling, or delivering Video Content in a commercial manner. By using the Services, you agree that FJAG is not a “video tape service provider” as defined in the Video Privacy Protection Act, 18 U.S.C.A. § 2710.

CHAT BOX FEATURES AND SESSION REPLAY TECHNOLOGY

We may collect certain categories of personal information from you when you use our interactive chat module. In addition to any information you may enter into the chat box or live chat feature, the categories of personal information collected may include: name, phone number, email, mailing address, and other identifiers you may provide. FJAG may also store any transcripts from such conversations and link those transcripts with your personal information. We may also collect information from you to perform data analytics and thereby enhance your experience and help improve the functionality of our tools. Such information includes, but is not limited to, geolocation, IP address, pixel tags, browsing history, viewing behavior, clicks, online activity, and other analytics. By interacting with the chat module, you understand and agree that we may use this data to communicate with you about our products and services. You also consent to our collection and analysis of all personal information provided as part of the chat module and understand that we utilize a vendor to process, analyze, and store the content of the chat on our behalf. By using the chat module, you are consenting to us disclosing and sharing with the chat module vendor any personal information you provide.

We may use technology to monitor how you interact with our Services, called Session Replay Technology. This may include without limitation which links you click on, information that you type into our online forms, and information about your device or browser. Further, we may utilize session replay spyware to monitor and record mouse clicks and movements, keystrokes, and pages and content viewed by you. Please discontinue use of the Services if you do not consent to our collection of such information.

SECURITY

We implement reasonable security measures to ensure the security of your personal information. Please understand, however, that 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 understand that any information that you transfer to us is done at your own risk. If we learn of a security system breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Services 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 Services. We may post a notice via our website if a security breach occurs. We 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.

INTERNATIONAL DATA TRANSFERS

FJAG is based in the U.S. If you choose to provide us with information, please understand that your personal information may be transferred to the U.S. and that we may transfer that information to our affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the EU or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal information to the U.S. and other jurisdictions which may not have the same data protection laws as the EU. We put in place appropriate operational, procedural and technical measures in order to ensure the protection of your personal information. You acknowledge you understand that by providing your personal information: (i) your personal information will be used for the uses identified above in accordance with this Policy; and (ii) your personal information may be transferred to the U.S. and other jurisdictions as indicated above, in accordance with applicable law.

ASSIGNMENT

In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personal information collected via the Services.

DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE

Except where and to the extent prohibited by law, by using the Services, you and FJAG agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services or the breach, enforcement, interpretation, or validity of this Policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:

• Fletcher Jones Auto Group ATTN: Privacy Department, 7300 West Sahara Avenue, Las Vegas, NV 89117 or

• You, at the address we have on file for you.

Both you and FJAG agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS IN NEVADA. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS OR CONSOLIDATED CAPACITY. Other rights that you and we would otherwise have in court will not be available, or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to the American Arbitration Association (https://www.adr.org/Rules) for binding arbitration under its rules then in effect, before a retired federal judge or judge of the state court of general jurisdiction, or an otherwise qualified individual to whom the parties mutually agree.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Policy, including any claim that all or any part of this Policy is void or voidable.

OTHER ARBITRATION AGREEMENTS

In the event of a conflict between this agreement to arbitrate and any other arbitration agreement between you and FJAG, such as an arbitration agreement contained in a retail installment sale contract, lease agreement, or repair estimate (“Other Arbitration Agreement”), the terms of the Other Arbitration Agreement shall govern and prevail in each instance.

VENUE AND CHOICE OF LAW

This Policy has been made in and shall be construed in accordance with the laws of the State of Nevada, without giving effect to any conflict of law principles. Any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the State of Nevada and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

HOW WE RESPOND TO DO-NOT-TRACK SIGNALS

At this time our website does not recognize automated browser signals regarding tracking mechanisms, which may include Do Not Track instructions.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to change this Policy from time to time. When we do, we will also revise the “Effective Date” at the top of this Policy. If we make material changes to the Policy, we will notify you by placing a prominent notice on our website and/or by sending you an email at the email address we have on file for you. We encourage you to periodically review this Policy to keep up to date on how we are handling your personal information.

ADDITIONAL FORMATS, ACCESSIBILITY, AND LANGUAGES

Click here to print a PDF version of this Privacy Policy.

Our website includes accessibility tools. For information about these tools, click the accessibility tab or symbol located in the footer of our website.

This Privacy Policy is available in Spanish and other languages via the “translate” tab in the upper right corner of our website.

CONTACT US

If you have any questions, comments or concerns about our privacy practices or this Policy, please contact us at:

Fletcher Jones Auto Group

Attention: Privacy Department

Address: 7300 West Sahara Avenue, Las Vegas, NV 89117

Toll-free phone number: (833) 740-2626

Email address: [email protected]