Privacy Policy & Terms of Service

Date last updated: 09.25.2020


Victory Toyota of San Bruno (“Dealership,” “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 Dealership. 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 Use






“Personal information” is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.


Click here for our Notice at Collection of Personal Information, which lists the categories of personal information we collect from consumers and the purposes for collecting the information.


Under the California Consumer Privacy Act, we must provide a disclosure of covered types of personal information we have collected from consumers over the last 12 months:

Category of personal data

Disclosure/sale to
third parties
Disclosure to Service

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)

·  Disclosure/sale  to vehicle
manufacturer if customer purchased or leased a new or certified vehicle or if
their vehicle was serviced at our dealership

·  Disclosure to state or federal agencies, when required by law

·  Disclosure to Service Providers for administrative and operational

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)

·  Disclosure/sale  to vehicle
manufacturer if customer purchased or leased a new or certified vehicle or if
their vehicle was serviced at our dealership

·  Disclosure to state or federal agencies, when required by law

·  Disclosure to Service Providers for administrative and operational

Protected classification
characteristics under California or federal law
, such as:

A photocopy/scan of government issued identification
reveals personal information.  For

·  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

·  Disclosure/sale  to vehicle
manufacturer if customer purchased or leased a new or certified vehicle or if
their vehicle was serviced at our dealership

·  Disclosure to manufacturer or lender for processing rebate, if

·  Disclosure to state or federal agencies, when required by law


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

·   Disclosure/sale to vehicle manufacturer, if customer purchased or
leased a new or certified vehicle or if their vehicle was serviced at our

·   Disclosure to state or federal agencies, when required by law

·  Disclosure to Service Providers for administrative and operational

Biometric information

Consumers who finance/lease vehicles may be asked to complete a
“Thumbprint form”



Internet or other similar network activity information, such as:

IP address, browsing history, and search history


·  Disclosure to Service Providers for administrative and operational

Geolocation information, such as:

IP address and vehicle location (using GPS, as permitted by law)


·  Disclosure to Service Providers for administrative and operational

Sensory data, such as

Audio information from voicemail messages and/or recorded phone calls
(with consumers’ consent)

Video information during
completion of transaction documents in finance office (with consumers’


·  Disclosure to Service Providers for administrative and operational

Professional or employment-related information, such as:

Information regarding current occupation

· Disclosure to manufacturer or lender for processing  rebate or employee discount, if applicable

· Disclosure to state or federal agencies, when required by law


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

· Disclosure 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


·  Disclosure to Service Providers for administrative and operational

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

·  From vehicles equipped with GPS tracking (as permitted by law)


Business or
commercial purpose for collecting or selling 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 warranty, insurance or service contract claims;
provide product recall information, 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

·  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




We, and third parties we allow, use cookies and other similar technologies. 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, or third parties, 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:


o        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.

o        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

Google also provides a complete privacy policy and instructions on opting-out of Google Analytics at

o        Targeted Advertising. We use cookies to compile information on our users interaction with our website. We use this information to serve ads to you off of our website.


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 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.




Our Services are not intended for children. We do not knowingly collect personal information from children, and none of our Services are designed to attract children. In the event that we learn that a person under the age of 13 has provided personal information to us, we will delete such personal information as soon as possible.




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.




Our website contains links to other sites. Dealership 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.




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 call us at (888) 258-8177.


From January 1, 2020, you may have the following rights:


  • Right to know

You have the right to request information about the categories and specific pieces of personal information we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the categories of third parties with whom we share such information. Please see above.


You have the right to request information about our sale or disclosure for business purposes of your personal information to third parties in the preceding 12 months. Please see above.


  • Right to delete

You have the right to request the deletion of your personal information. Please note that notwithstanding your request, California law permits us to retain certain categories of personal information for numerous purposes, including to complete a transaction, to perform a contract between you and Dealership, and to comply with a legal obligation.


  • Right to opt-out of sale

You have the right to opt out of the sale of your personal information to third parties. You can exercise this right through the “Do Not Sell My Personal Information” link in the footer of our websites.




  • Right to non-discrimination

You have the right to not be discriminated against for exercising any of these rights.


We do not sell or knowingly collect the personal information of minors under 16 years of age and do not have actual knowledge of selling personal information of minors under 16 years of age.

If you would like to exercise one or more of the rights above, please contact us using the contact information provided below. You may designate an authorized agent to make a request on your behalf. Such authorized agent must be registered with the California Secretary of State. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.


We may need to confirm your verifiable consumer request before completing your request, and, for example, 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.


We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.




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. DEALERSHIP IS NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN PUBLIC POSTING AREAS.




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 systems 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.





Dealership 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.




We may share or transfer your information in the course of any direct or indirect reorganization process including, but not limited to, mergers, acquisitions, divestitures, bankruptcies, and sales of all or a part of our assets. Your information may be shared following completion of such transaction and/or during the assessment process pending transfer. If transferred in such a case, your information would remain subject to this Policy or a privacy policy that, at a minimum, protects your privacy to an equal degree as this Policy.




Except where and to the extent prohibited by law, by using the Services, you and Dealership 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:


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


Both you and DEALERSHIP 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 CALIFORNIA. 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 American Arbitration Association for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.


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.




In the event of a conflict between this agreement to arbitrate and any other arbitration agreement between you and the Dealership, 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.




This Policy has been made in and shall be construed in accordance with the laws of the State of California, 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 California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.




The “Do Not Track” (“DNT”) privacy preference is an option that may be made in some web browsers allowing you to opt-out of tracking by websites and online services. We treat user-enabled privacy controls, such as a browser plugin or privacy setting such as DNT, that communicates or signals the consumer’s choice to opt-out of the sale of their personal information, as a valid request to opt-out.




We reserve the right to change this Policy from time to time. When we do, we will also revise the

“Date last updated” 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.







Click here to print a copy of our Notice at Collection of Personal Information.


In addition to English, our Notice at Collection of Personal Information in accessible in any available language using the Google Translate browser plug-in.




Click here to print a copy of this Privacy Policy.


In addition to English, this Privacy Policy is accessible in any available language using the Google Translate browser plug-in.




If you have any questions, comments or concerns about our privacy practices or this Policy, please contact us at: (888) 258-8177 or click here


CM XII, Inc., CM XXXVII, LLC, CM IX, Inc., CM XVII, Inc., CM XVIII, Inc., CM Inc., CM XXXII, Inc., CM XX, Inc., CM XXXIII, Inc., CM XLVIII, LLC, CM XXXIX, LLC., CM XXXIV, Inc., CM XXXV, Inc., CM XXII Inc., Tri-Cities Nissan, Inc., CM XXIV, Inc., CM VII, Inc., CM XXXVIII LLC, CM XXX, Inc., CM II Inc., East Tennessee Nissan Inc., CM X, Inc., CM XXVIII, Inc. CM VI, Inc. CM XXV Inc., Downtown Ford Sales,

CM XXIX, Inc., CM XXVI Inc., CM XL LLC, CM XXVII, Inc., CM XV Inc., CM XLIV LLC, CM XXIII, Inc., CM XXXI Inc., CM XLVII, LLC, CM XLI, LLC, CM XLV, LLC, Victory Automotive Group, LLC

Additional Privacy Policy Terms Related to Reporting System Tool

We use the analytics and reporting system, Foureyes®, (the “Tool”) provided by our website analytics vendor, Adpearance, Inc., an Oregon corporation (“Adpearance”). When used in this section, “we,” “us,” and “our” may refer to us, Victory Toyota of San Bruno and/or Adpearance. To the extent an inconsistency or conflict arises between the terms of the above described privacy policy and this section related to the Tool, the terms of this section will control. This section applies only with respect to the Tool.

How the Tool Works. For each visit to the site, the Tool: (1) identifies the traffic source for the visit; and (2) issues a unique visitor ID number and visitor traffic number. As the user navigates the site, the Tool may track and store the pages visited and features used. The Tool also may link information provided through forms featured on the site or during phone calls with a visitor ID number. Using local storage, the Tool may also store data in the user’s Internet browser or in a data repository on the user’s device for purposes of associating the user with his or her user profile. The Tool operates only on our site and phone system – it does not track information regarding your use of other sites or activities on other sites.

Information Collected and Usage of Information. Adpearance creates a user profile including the user’s visitor ID number and any information the user directly provides through the site or other interactions with the site and/or the company associated with the site (e.g., phone calls and chats). This information may include a user’s personal information, such as name, personal phone number, home address, email address, and similar information. We will not ask for or knowingly associate financial information with your user profile. Unless the user provides us personal information, the information associated with the user profile is limited to information automatically collected as a user browses and interacts with the site, such as the user’s browser type, available plugins, Internet service provider, Internet protocol (“IP”) address and/or mobile device ID, and pages visited, features used, and activities performed on the site. Except as otherwise expressly set forth herein, the information associated with a user profile is used, maintained and disclosed in accordance with the restrictions in this privacy policy, including the obligations of confidentiality and restrictions on disclosure to third parties.

You expressly acknowledge and agree that the information associated with your user profile may be used to understand and analyze the usage of the site, and for the purposes of marketing our products or services to you. In particular, the Tool may automatically generate and send email marketing communications to you (to the extent you have provided your email address as part of your interactions with the site and/or the company associated with the site). The content of those email marketing communications may be based on the pages that you have visited and/or the features you have used on the site. To opt-out of receiving the email marketing communications generated by the Tool, please see the Opt Out instructions below.

The information associated with your user profile will not be used or disclosed to third parties other than for the purpose for which it was collected, without the user’s prior consent. For purposes of clarity, the information collected by the Tool and/or associated with your user profile may be disclosed to the following category of third parties: OEMs: Foureyes® partners with various automotive manufacturers (“OEMs”) as a part of their respective Certified marketing programs and their affiliates. By using this site, you consent to the collection, use and disclosure of your personal information as described herein. If you do not consent, you may opt-out of the use of the Tool (as set out below).

Blocking and/or Disabling the Tool. The Tool gathers information about the user’s computer hardware and software configurations to identify the user each visit and associate the user with their existing user profile. Unlike a “cookie”, and except for local storage discussed below, the system does not store a file on the user’s computer; therefore, the user information gathered is not deleted when the user clears their cache and/or deletes their cookies. In order to disable the tool, see the Opt Out instructions below.

Opt-Out. The Tool’s opt-out functionality is cookie based, so for it to work for you, your browser must allow third party cookies. If you change computers, browsers or delete this cookie, we will no longer know you have opted out, so you will need to opt-out again. To opt out, Click Here.

You may also opt-out of receiving email marketing communications generated by the Tool by sending a request to [email protected], or by clicking the unsubscribe link on any such email marketing communication you receive.

Please note that clicking the unsubscribe link may only result in your no longer receiving marketing communications generated by the Tool; you may still receive other email marketing communications from the company associated with the site.

As noted above, the Tool may also collect and store information (including personal information) locally on your device using mechanisms such as browser web storage and application data caches. Browser web storage enables websites to store data in a browser on a device. When used in “local storage” mode, it enables data to be stored across sessions. Similarly, an application data cache is a data repository on a device. You may stop local storage from being used by modifying your Internet browser settings, but stopping local storage may result in the site having impaired or limited functionality. Furthermore, disabling local storage will not block the Tool from operating; rather, it will only prevent the Tool from collecting and storing information locally on your device. To disable the Tool, see the Opt-Out instructions above. Further, you should refer to the help provided by your Internet browser for the most up-to-date and accurate instructions on disabling local storage.


Accessing, Correcting, and Updating Your Personal Information. To review information that is collected using the Tool, contact Adpearance at [email protected] or Adpearance, Inc., 2035 NW Front Ave, Suite 300, Portland, OR, 97209. We keep information associated with your user profile for as long as we think is necessary or advisable, and we reserve the right to retain it to the full extent permitted by law. If required by law, a governmental order, or similar legal process, we will disclose your information.

Children. This site is not directed at children under age 16, and are prohibited from using this site. We do not knowingly collect personal information from children under age 16, and if we learn that the Tool has collected information of a child under age 16, we will delete the information.

European Union Privacy. If the processing of your information in connection with the Tool is subject to the General Data Protection Regulation 2016/679 (“GDPR”), we have additional obligations and you have additional rights under the GDPR. These rights and obligations are as follows: We will process your personal information using the Tool in order to support our provision of services in connection with your use of the site. The lawful bases for processing your personal information may include:
When you have given consent;
When processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract;
When processing is necessary to protect Adpearance’s or our legitimate interests or that of a third party, except where such interests are overridden by your interests or fundamental rights;
When processing is necessary for compliance with a legal obligation to which we or Adpearance are subject; and
When processing is necessary to protect the vital interests of the data subject or of another natural person.

You have many rights with respect to our processing of your personal information. Depending upon the lawful basis of processing, you may have the right to withdraw consent or object to our processing your personal information.

You have the right to be informed about your personal information and how it is being processed, to access, correct and erase personal information, to restrict further processing, to obtain and reuse your data for your own purposes across different services and to object to processing. You also have the right to lodge a complaint with the relevant EU supervisory authority.

If we transfer your personal information to a recipient in a country outside the European Economic Area, we will do so in compliance with applicable laws with respect to such transfer.

Applicable Law. The Tool is operated and controlled from offices in the United States. If you access the site from locations outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Your access to the site constitutes your agreement to our storage of your personal information within the United States.

This privacy policy is effective on November 1st, 2019. We review this policy at least annually and may amend it from time to time. Except as otherwise required by applicable law, our only notification will consist of posting a new policy.

Supplemental California Privacy Information. We are required by law to provide California residents with certain additional information about their privacy rights under the California Consumer Privacy Act. This information is available at the following link: Click Here.