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BOSS 

PRIVACY POLICY


PRIVACY POLICY

We at BOSS understand the importance of protecting your personally identifiable information.

This privacy policy sets out how BOSS uses and protects any information that you provide when you use this website. BOSS is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, you can be assured that it will only be used in accordance with this privacy statement.

BOSS may change this policy from time to time by updating this page. This policy is effective from January 1, 2014.

What Information Do We Collect?

We collect your email address when you provide it to be added to our mailing list.

When reserving a vehicle, a Dream Car Tour, Dream Car Sprint, or inquiring about pricing or availability online, you may be asked to provide certain information about your identity. This information may include your name, address, email address, phone number, driver’s license number, insurance carrier, insurance policy number, credit card or other payment information, date of birth, and other identifying information.

You may also, however, visit our site anonymously.

What do we use your information for?

Any of the information we collect from you may be used in one or more of the following ways:

* To complete your reservation and process transactions, including payments, deposits, and refunds;

* To send you information and update you (via email*) about your online reservations, and to contact you about services we offer, new products, and/or experiences you may be interested in knowing more about;

* To administer a contest, promotion, survey, or other site feature.

Note: If at any time you would like to unsubscribe from receiving future communications from us, we provide detailed unsubscribe instructions at the bottom of every email.

How do we protect your information?

We work hard to protect our users from the risk unauthorized third party access to private information. We limit access to personal information to BOSS employees who use this information solely to process purchases and reservations and who are subject to strict confidentiality obligations.

We also implement a variety of security measures to maintain the safety of your personal information. We regularly update the software powering our website to protect against known vulnerabilities. Our website and associated database are hosted on virtual servers in a secure cloud environment. The underlying physical servers are stored in a highly secure data center. Physical access to those underlying servers is restricted only to employees of the data center and cloud provider. Access to our virtual servers is restricted only to BOSS employees.

Do we use cookies?

We use cookies only to store settings related to your display type so that we can more efficiently serve optimized image files to you. In addition, please be apprised of the following:

* Third party vendors, including Google, may use cookies to serve ads based on a User’s prior visits to this website.

* We may employ third party analytics tools, including Google Analytics, to track and report on users’ activity on this website in order to provide optimal service for our customers.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, as long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect our or others’ rights, property, or safety.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Terms and Conditions

Please also visit our Terms of Use section, establishing the use, disclaimers, and limitations of liability governing the use of our website.

Your Consent

If there are any questions regarding this privacy policy or you wish to review and make changes to any of the personally identifiable information that BOSS has collected, you may contact us with any questions. See the footer below for detailed contact information.

 

 

Dispute Resolution, Arbitration Agreement, Class Action Waiver

Initial Dispute Resolution Procedure 

Notice of Dispute, Requirement to Attempt to Resolve Disputes Informally. 

By visiting the Sites and/or using the Services you and Dealership agree that if there is any controversy, claim, action, proceeding, demand, or dispute arising out of or related to your visit to the Sites, use of the Services, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it (hereinafter “Dispute”), both you and we shall first try in good faith to resolve such Dispute informally by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) calendar days in which to respond to or resolve the Dispute. Notice shall be sent to us at ATTN: 4855 Steven Creek Blvd. Santa Clara, CA 95051 , and to you at the address or email we have on file for you. Both you and the 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. This notice and informal resolution requirement will not apply to the extent it is prohibited by law.

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 that if you and we have a Dispute that is not resolved in the informal process described in section 3.1 above, we both agree to resolve it through arbitration. Arbitration means that a neutral third party will hear both sides and make a decision. This is different from a court trial, where a judge or jury hears the case in a formal court setting and makes a decision. We both agree not to sue each other in court. 

This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will be before a single arbitrator and the arbitrator’s decision will be final and binding on both of us.

The arbitration will be held pursuant to the rules of the American Arbitration Association - Consumer Arbitration Rules (if you are a business, the American Arbitration Association - Commercial Arbitration Rules will apply instead) (as applicable, the “Rules”). You can access a copy of the rules at: www.adr.org/rules. The Rules provide the steps required to start an arbitration case. 

This arbitration agreement does not apply to Disputes that you or we bring against the other party that are within the jurisdiction of small claims court. If the amount in controversy of a Dispute in small claims court exceeds the jurisdiction of the small claims court, that Dispute will be subject to this arbitration agreement. 

Class action waiver. We both agree that any Dispute will be handled individually. This means that you or we cannot join together with other people who have a similar problem to bring a single case against the other party. You also cannot be part of a class action lawsuit (or class action arbitration) against us, and we cannot be a part of a class action lawsuit (or class action arbitration) against you.

By using our Services, and visiting our Site, you agree to this arbitration agreement and class action waiver. If you do not agree, please do not use our Services or visit our Site.

If any part of this arbitration agreement and/or class action waiver is found to be invalid or cannot be enforced, the rest of the arbitration agreement and class action waiver will still apply. The arbitrator will decide if any part is invalid or cannot be enforced.

Other Arbitration Agreements

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

Venue And Choice Of Law

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

If any part of this Privacy Policy is found to be invalid or cannot be enforced, the rest of the Privacy Policy will still apply.