Legal & Privacy Policy

Privacy Policy
Last Revised:  December 1, 2022

Introduction

In this privacy policy, the words “we,” “us,” and “our” mean Byrider Sales of Indiana S, LLC, doing business as Byrider; Byrider Finance, LLC, doing business as CarNow Acceptance Company (“CNAC”); and franchisees of Byrider Franchising, LLC, doing business as Byrider and CarNow Acceptance Company (“CNAC”). The words “you” and “your” mean any visitor or user of a website, social media site, or mobile application (a “Site” or the “Sites”) that we administer and provide for your online interactions with us. The Sites covered by this policy include byrider.com; cnac.com; the CNAC mobile application; jdbnow.com; and other websites, social media sites or mobile applications we administer and provide for your use in interacting with Byrider and CNAC. 

We maintain this Site and provide services through it for your information and communication purposes, as well as for purposes associated with the origination and servicing of automobile retail installment contracts (the “Service” or “Services”). Our Site and Services are intended for use only by United States residents, while located in the United States. If you are not a United States resident, or are located in a country other than the United States, you may not use our Site and Services.

We respect your privacy and are committed to protecting it by complying with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit our Sites. This policy also describes our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to:
• Information we collect when you visit and use this site;

• Information we collect when you submit and exchange electronic messages with us through this site

• Information we collect when you interact with our advertising and application on third-party websites and services, if those applications or advertising include links to this policy.

This policy does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from this Site. 

Additional privacy rights and notices will apply if you are a California resident. See the section below called Your California Privacy Rights for more information about your rights under California law. 

A different privacy policy will apply if you request or receive a financial product or service from us by using this Site or otherwise. See our Financial Privacy Policy for more information about how we collect and disclose nonpublic personal information about you and other consumers who request or receive a financial product or service from us.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing or using this Site, you agree to this privacy policy. This policy may change from time to time (see the section below called Changes to Our Privacy Policy), so please check this policy periodically for updates. If we change the policy on this Site and you continue to use it, you agree that your continued use of the Site will mean that you have accepted all changes in the updated policy. 

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the home page of this Site. The date the privacy policy was last revised is identified at the top of the policy. You are responsible for periodically visiting our Site and this privacy policy to check for any changes.

Children Under the Age of 18

Our Site is not intended for children under 18 years of age. No one under age 18 is allowed to provide personal information on this Site. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Site or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please use any of the options in the Contact Information section below to notify us. 

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Site, including:

• Information by which you may be personally identified, such as name, postal address, e-mail address, telephone number, Social Security number, and driver's license number ("personal information");

• Information about your internet connection. the equipment and devices you use to access our Site, the dates and time you use the Site, and other Site usage details.

We collect this information:

• Directly from you when you provide it to us through the Site.
• Automatically as you navigate through the Site, including Site usage details, internet protocol (“IP”) addresses, and information collected through cookies and other tracking technologies. 
• From third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through our Site may include:

• Information you provide by filling in forms on our Site, including information you provide when you request Services from us using the Site; 
• Information we may request from you if you enter a contest or promotion we sponsor or when you report a problem with our Site; 
• Records and copies of your correspondence with us (including email addresses), if you contact us; 
• Details of transactions you may carry out through the Site; and
• Your search queries on the Site.

You also may provide information to be published or displayed (“posted”) on public areas of the Site or transmitted to other users of the Site or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although any information we may post on a Site with your permission will not include your full name, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. As a result, we cannot and do not guarantee your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Site, including traffic data, location data, logs, other communication data and the resources you access and use on the Site; and
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically is only statistical data and does not include personal information, but we may maintain that data or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Site and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns; and
• Recognize you when you return to our Site.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site. 
• Web Beacons. Pages of our Site and URL links with our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or interacted with email links, and for other related Site statistics (for example, recording the popularity of certain Site content and verifying system and server integrity).

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Site and its contents to you; 
• To provide you with information, products, or services that you request from us or to contact you about our own products and services that may be of interest to you; 
• To fulfill any other purpose for which you provide any personal information; 
• To provide you with notices and information about your accounts with us or to carry out our duties and enforce our rights arising from any contracts between you and us; 
• To notify you about changes to our Site and any products or services we offer or provide through it; 
• In any other way we may describe when you provide the information; and
• For any other purpose with your consent.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our affiliates; 
• To contractors, service providers, and other third parties we use to support our business; 
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information we hold about our Site users is among the assets transferred; 
• To fulfill the purpose for which you provide any personal information; 
• For any other purpose we disclose when you provide the information; and
• With your consent. 

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request; 
• To enforce or apply our Terms of Use and other agreements between you and us, including for billing and collection purposes; and
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Byrider, CNAC, our affiliates, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Please see our Financial Privacy Policy for information about how we disclose nonpublic personal information about consumers who request or receive a financial product or service from us.

Choices About How We Use and Disclose Your Information

We try to provide you with certain choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please be aware that some parts of the Site may then be inaccessible or not function properly.
• Our Own Promotional Offers. If you do not want us to use your email address to promote our own products or services, you can opt-out by using the unsubscribe link in the promotional email or by sending a return email asking to be removed from future promotional emails. 

California residents have additional personal information rights and choices. Please see the section below called Your California Privacy Rights for more information. Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request using the methods described in the Contact Information section below. However, please know we do not currently sell data triggering the statutory opt-out requirements.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. 

Unfortunately, the transmission of information via the internet or by email is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site or transmitted by email. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Contact Information

If you would like to know, access, correct, amend, delete or request any personal information we have about you, or register a complaint, or appeal our decisions related to your requests, or you simply have questions or want more information about this privacy policy, please contact us using one of the following methods:

Mailing us at:  Byrider, Attn:  Privacy, 12802 Hamilton Crossing Blvd., Carmel, IN 46032; or

Emailing us at:  privacy@byrider.com; or

Calling us at:  (888) 240-3595

If there are specific rights you want to invoke or exercise under any applicable law, please include these details in your request. We cannot respond to your request or provide you with personal information if we cannot verify your identity or your authority to make the request and confirm that the personal information relates to you. Please do not include sensitive personal information, such as your date of birth or Social Security number, when you initially ask questions or make requests of us, and review our Data Security section above for more details. We will use personal information provided in the request only to verify the requestor’s identity or authority to make it.

Your California Privacy Rights

Effective Date: December 1, 2022
Last Reviewed: December 1, 2022

This Privacy Policy for California Residents (“California Privacy Policy”) supplements the information contained in our general Privacy Policy and applies solely to visitors, users, and others who reside in the State of California (”consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined by the CCPA have the same meaning when used in this California Privacy Policy.

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (”personal information”). 

Personal information does not include:

• Publicly available information from government records; 
• Deidentified or aggregated consumer information; and
• Information excluded from the CCPA’s scope, such as personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.:

In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete or products and services you purchase.
• Indirectly from you. For example, from observing your actions on our Site.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new orders or process transactions.
• To provide, support, personalize, and develop our Site, products, and services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your Site experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Site and via email or text message (with your consent, where required by law).
• To help maintain the safety, security, and integrity of our Site, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Site, products, and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Site users and consumers are among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may share your personal information by disclosing it to a third party for a business purpose. We make these business purpose disclosures only under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. 

In the preceding twelve (12) months, we have disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.

We do not sell personal information and have not sold personal information to third parties in the preceding twelve (12) months.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will disclose to you:

• The categories of personal information we collected about you; 
• The categories of sources for the personal information we collected about you; 
• Our business or commercial purpose for collecting that personal information; 
• The categories of third parties with whom we share that personal information; 
• If we disclosed your personal information for a business purpose, a list that describes the disclosures we made for a business purpose, identifying the personal information categories that each category of recipient obtained; and
• The specific pieces of personal information we collected about you (also called a data portability request).

Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Exercising Your Rights to Know or Delete
To exercise your rights to know or delete described above, please submit a request by either:

• Emailing us at:  privacy@byrider.com; or
• Calling us at:  (888) 240-3595

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information. 

You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we 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 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.

You do not need to create an account with us to submit a request to know or delete. 

We will only use personal information provided in the request to verify the requestor’s identity or authority to make it. 

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us using the contact information included in the section above called Exercising Your Rights to Know or Delete. 

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

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, 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 our 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. 

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

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Communications By Telephone, Short Message Service (SMS) Texts, and Email

You understand and agree that we may make calls and send short message service (SMS) texts and emails to the telephone number(s) and email address(es) you provide from time to time, including by auto-dialer and prerecorded or artificial voice messages, based on these Terms of Service and any additional consent that may be required by law. You understand and agree we may make these calls and send these SMS texts and emails for our own marketing purposes, in response to your inquiries and credit applications, and otherwise in connection with automobile sales, financing, or servicing you request or obtain from us, now or in the future. For example, you can expect to receive SMS texts from us about the status of your inquiries and applications, your scheduled sales and servicing appointments, your credit agreement(s), and occasional marketing offers. Message frequencies vary.

You may send a “STOP” reply message by SMS to cancel the SMS service at any time. After you send the “STOP” message by SMS, we will send our SMS reply to confirm you have been unsubscribed. After that, you will no longer receive SMS messages from us. If you want to join the SMS service again, you may sign up as you did the first time and we will start sending SMS messages to you again. If you have any questions or concerns about our messages, you can send a “HELP” message to us by SMS, call us at (888) 240-3595, or send an email to:  customerservice@byrider.com. Carriers are not liable for delayed or undelivered messages. Message and data rates may apply. If you have questions about your telecommunications or data plan, please contact your provider with these types of plan-related questions.