Dealer Canada Privacy Policy Last Updated Jan 1, 2023
Terms & Services
Effective Date: Jan 1 2024
BY USING THE DealerCanada CANADA WEBSITE LOCATED AT www.dealercanada.ca (THE “WEBSITE”) AND/OR USING THE FEATURES OF ANY DealerCanada CANADA APP THAT WE MAKE AVAILABLE (the “ APP”) YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE (“TERMS”). THESE TERMS APPLY TO ALL USERS OF THE WEBSITE, APP AND SERVICES (as that term is defined below), INCLUDING INDIVIDUALS AND ENTITIES WHO REGISTER FOR THE SERVICES, INDIVIDUALS AND ENTITIES WHO USE THE SERVICES AND INDIVIDUALS WHO VISIT THE WEBSITE (COLLECTIVELY, “USERS”). IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE WEBSITE, THE APP OR SERVICES.
“DealerCanada”, “we”, “us’” and “our” collectively means collectively DealerCanada Technologies Inc. and its affiliates is the owner and operator of the Website and the App. The Website and App allows users to browse and search for vehicles, get pre-approved for financing with no sales pressure, along with related services (together, the “Services”).
1 ELIGIBILITY
1.1 Use of Services. The Website, App and Services are intended solely for persons who are 18 or older and who are are residents of Canada. Any access to or use of the Website, App or Services by anyone under 18 is expressly prohibited. By accessing or using the Website, App or Services you represent and warrant that you are 18 or older.
2 SERVICES
2.1 Financing. Users have the option of applying for vehicle financing through a third party partner. By using the portal portal you agree to be bound by the terms of service and privacy policy of the third party. You further agree that DealerCanada has no control over whether your financing is approved.
2.2 Vehicle Inventory. DealerCanada reserves the right to limit quantities of vehicles available for sale or sold. All features, specifications, products and prices of products and services described on the Website or App are subject to change at any time without notice. We make no representation as to the completeness, accuracy, or currency of any information on this Website or App. We reserve the right to make changes in information about price, description, or availability without notice. We have made every effort to display as accurately as possible the colours of products that appear on the Website and App; however, the actual colour you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colours. The inclusion of any products or services on the Website and App does not imply or warrant that these products or services will be available over at any particular time.
2.3 Vehicle Purchases. Advertisements of vehicles for sale on our Website and App are invitations to Users to make offers to purchase such products and are not offers to sell. A properly completed and submitted bill of sale constitutes your offer to to purchase any vehicle. An offer is deemed to be accepted once the bill of sale is signed by DealerCanada. All aspects of the transaction will be completed through the third party platform. You agree that the vehicle purchase documentation, including bill of sale, shall govern any vehicle purchase and/or trade-in. By purchasing a vehicle from DealerCanada you agree to comply with all applicable laws and regulations in respect of vehicle purchases in your jurisdiction, including any licensing and/or insurance requirements.
3 LICENSE AND RESTRICTIONS ON USE
3.1 License. Subject to your compliance with these Terms, DealerCanada grants you a non-transferable, non-exclusive, license license to (a) access and use the Website and the Services for your use, and (b) download, install and use one copy of the App on a mobile device that you own or control for your use (the “License”). The App is licensed to you and not sold. Nothing in the Terms gives you a right to use the DealerCanada names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website, App or Services. Any future release, update, or other addition to functionality of the Website or App shall be subject to these Terms.
3.2 Restrictions. DealerCanada may impose certain limitations on the use of the Website, App or Services, including, but not limited to imposing charges for certain features of the Services. You agree to use the DealerCanada Website and the Services only for purposes as permitted by these Terms. DealerCanada reserves the right to modify or impose any limitations on the use of the Website, App and the Services at any time, with or without notice to you. We also reserve the right at all times (but will have no obligation) to terminate Users at any time without any liability whatsoever to you. In using the Website and/or the Services you shall not:
local, provincial, national, or international law or regulation, including without limitation using the capabilities of the Services to transmit any unlawful content, to harass or intimidate others, to spam
intentionally or unintentionally violate any these Terms, or any third parties or to impersonate anyone else;
Styled.ListItemcense, sell, rent, lease, transfer, assign or otherwise commercially exploit the Website, App, or the Services
upload, post, email, transmit or otherwise make available any material that:
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
You do not have a right to make available under any law or under a contractual relationship;
infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party (including privacy rights);
is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website, App or any software provided by us.
3.3 Indemnification. You agree to defend, indemnify and hold DealerCanada its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by a third party, relating to or arising from: (a) any User Content you create, submit, post, transmit, or otherwise make available through the Website, App or Services; (b) your use of the Website, App or Services; (c) any dealings between you and any persons whom you send or otherwise transmit links or any content to using the Service, including without limitation claims relating to misrepresentation; (d) any violation by you of these Terms; (e) your violation of any rights of another; or (f) your negligence or willful misconduct. This obligation shall survive the termination or expiration of these Terms and/or your use of the Services.
4 USER DATA AND CONTENT
4.1 Personal Information. DealerCanada collects, uses and and discloses certain personal information in accordance with the terms of our Privacy Policy, which is hereby incorporated by reference into these Terms. Please review our Privacy Policy carefully. If you do not agree with any of our privacy practices you must not use the Website, App, or Services.
4.2 User Provided Content. DealerCanada may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to DealerCanada through the Services textual, audio and/or visual content and information, including feedback related to Services, initiation of support requests and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to DealerCanada, you grant DealerCanada a worldwide, perpetual, royalty-free, irrevocable, transferable non-exclusive license for no fee, with the right to collect, use, reproduce, store, display, modify, create derivate works of, distribute, publicly display, publicly perform, sublicense and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and DealerCanada’s business and on third-party sites and services), without further notice or consent from you, and without the requirement of payment to you or any other person or entity.. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you all rights, licenses, consents and releases necessary to grant DealerCanada the license to the User Content as set forth above; and (ii) neither the User Content nor DealerCanada’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by DealerCanada in its sole discretion, whether or not such material may be protected by law. DealerCanada may, but is not obligated to review, monitor, or remove User Content, at DealerCanada’s sole discretion and any time and for any reason, without notice to you.
4.3 Feedback. We welcome your suggestions, comments comments and and feedback on the DealerCanada Website, App, and the Services (“Feedback”) as it helps Us to improve. If you provide Us with Feedback you agree that: (a) We are not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information belonging to you or any third party and you have all of the necessary rights to disclose the Feedback to us; (c) DealerCanada (including all of its successors and assigns) may freely use Feedback without any restrictions; and (d) you are not entitled to receive any compensation or reimbursement of any kind.
5 TERM AND TERMINATION
5.1 Termination by You. You may terminate your account account and/or stop using the Services at any time.
5.2 Termination by DealerCanada. DealerCanada may at any time and and for any reason or no reason, without prior notice, immediately suspend all or a portion of your Account and/or access to the Website, App or Services. Cause for such termination shall include, but not be limited to: (a) violations of the Terms or any other policies or guidelines that are referenced herein and/or posted on the Website, App or through the Services; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Services or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Website, App or the Services to you is or may become unlawful; (f) unexpected technical or security issues or problems; (g) your participation in fraudulent or illegal activities; (h) your provision of inaccurate information in the purchase of a vehicle; or (i) any abuse of the Services. Any such termination or suspension shall be made by DealerCanada in its sole discretion, and DealerCanada C will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Services.
5.3 Effect of Termination. On termination, you will will lose all access to the Services and any portions thereof and you may be prohibited from making an offer to purchase a vehicle.
6 IMPORTANT DISCLAIMERS
6.1 Advertising and Third Party Links. You acknowledge and agree that the Website may contain advertisements from third third parties. If you elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that DealerCanada shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings. The Website and App may contain links to other websites that are not owned or controlled by DealerCanada. In no event shall any reference to any third party, advertisement, third-party product, or service be construed as an approval or endorsement by DealerCanada of that third party, third-party product or service. DealerCanada is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website or App are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website or App of a link to any other website(s) or any advertisements does not imply that DealerCanada endorses or accepts any responsibility for the content or use of such websites, and you hereby release DealerCanada from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
6.2 ASSUMPTION OF RISK. You agree that driving a vehicle involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to you or other people, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. YOU AGREE THAT SUCH RISKS, DANGERS, AND HAZARDS ARE YOUR SOLE RESPONSIBILITY AND YOU WILL BE LIABLE FOR ALL RESULTING INJURIES, DAMAGES, CLAIMS AND ANY RELATED COSTS.
6.3 GENERAL. THE WEBSITE, SERVICES AND APP ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. DealerCanada SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO THE DealerCanada WEBSITE, APP AND THE SERVICES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE WEBSITE, APP OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DealerCanada OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE WEBSITE, APP OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DealerCanada CANADA OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
7 LIMITATION OF LIABILITY
7.1 DISCLAIMER OF DAMAGES. UNDER NO CIRCUMSTANCES SHALL SHALL DealerCanada BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE, APP OR THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, (V) ANY DEALINGS OR TRANSACTIONS BETWEEN YOU AND ANY PERSONS OR USERS WHOM YOU SEND OR TRANSMIT ANY USER CONTENT TO USING THE SERVICE, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OFFERED BY YOU TO SUCH PERSONS; or (IV) ANY PERSONAL INJURY OR DEATH ARISING FROM YOUR USE OF THE SERVICES, INCLUDING DURING A TEST DRIVE.
7.2 LIABILITY CAP. NOTWITHSTANDING ANYTHING TO THE THE CONTRARY CONTAINED HEREIN, DealerCanadaS LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50 CAD) OR (B) AMOUNTS YOU’VE PAID DealerCanada IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BYAPPLICABLE LAW.
8 GENERAL TERMS
8.1 Export Control. Use of the Website, App or Services may be subject to the export and import laws of Canada, the United States, and other countries as applicable. You also agree that you will not use the Website or the Services for any purposes prohibited by United States or Canadian law, including, without limitation, the development, design, manufacture, or production of missiles, nuclear, chemical or biological weapons.
8.2 Notices. DealerCanada may provide you with notices regarding the the Services, including changes to these Terms or Privacy Policy, by email or by postings on the Website, App and/or the Services.
8.3 Governing Law & Disputes. This Agreement shall shall be governed by the laws in effect in the Province of Ontario, Canada. No choice of laws rules of any jurisdiction shall apply to this Agreement. You agree that any dispute, controversy, or claim arising out of or relating to these Terms, including any question regarding its existence, interpretation, validity, breach or termination or the business relationship created by it shall be referred to and finally resolved by arbitration at ADR Chambers under the ADR Chambers Arbitration Rules. The place of the arbitration shall be Toronto Ontario. Each Party hereby consent to the exclusive jurisdiction of the Arbitral Tribunal. The Arbitration shall be in English. The arbitral award shall be final and binding upon the Parties and will not be subject to appeal of questions of fact, law, or mixed fact and law. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts. You agree that any claim arising out of or related to these Terms or the use of the Services must be filed within one (1) year after the cause of action arose or be forever barred.
8.3.1 Class Action Waiver. You agree that any claims arising out of or relating to these Terms will be adjudicated on an on an individual basis. You hereby waive any right to assert any claims against DealerCanada as a representative or member in any class or representative action, except where prohibited by law.
8.4 Entire Agreement. These Terms (together with the DealerCanada Privacy Policy) constitute the entire agreement governing use of the Website, App and the Services and all related activities. We We reserve the right to modify or change the Website, App, and the Services at any time without notice or liability to you. These Terms shall not be modified except by a new posting of these Terms by DealerCanada. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. You may not assign any part of these Terms or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. DealerCanada may assign these Terms for any reason without notice to you.
8.5 Language. It is the express wish of the parties parties that this agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
8.6 Questions/Contact. If you have any questions about about these Terms or if you wish to receive any additional information, provide feedback, or raise any concerns in relation to the DealerCanada Website, App, or the Services, please contact Us at: support@DealerCanada.ca
Privacy Policy
Effective Date: Jan 1 2024
WHAT THIS PRIVACY POLICY COVERS:
Your privacy is important to dealercanada and so is being clear about how and why we collect, use and disclose information about you. This policy is intended to help you understand:
what personal information dealercanada collects about you and why
what we do with that information
how we share it, and
how we handle the content you place in our products and services.
For the purposes of this Privacy Policy, “Personal Information” means any information related to an identifiable individual or that may be used to identify an individual. Please read the following carefully to understand our practices regarding Personal Information, including Personal Information of visitors to our Website and you, our customers (“Customers”), where such information is collected through the provision of the Services.
“dealercanada”, “we”, “us’” and “our” collectively means collectively dealercanada Technologies Inc. and its affiliates that offer online services for buying and financing used cars (our “Services”). We also operate the website https://www.dealercanada.ca (the “Website”) and a mobile application (“App”). We are committed to protecting the privacy and confidentiality of personal information that is in our possession.
WE WILL NOTIFY YOU OF CHANGES
We may change this Privacy Policy from time to time. We encourage you to review this Privacy Policy each time you use our Website or our Services to see if the policy has been changed, as indicated by the “Effective Date” set out above. We may at our discretion choose to highlight the fact that we made material changes by posting a notice on our Website and/or by sending you a notice (if we have your contact details), as appropriate.
WHAT WE ASK FROM OUR CUSTOMERS AND VISITORS TO OUR WEBSITE:
We collect personal information from you when you visit our Website and use our Services, but never more information than is necessary. We collect information from you in only the following circumstances:
As a visitor to our Website or use our App: When you visit visit our Website or use our App we collect basic information from you, including, usage Information, your Internet Service Provider, IP address/Internet address from which you accessed our Website or App and/or other unique identifiers related to you or your device, your device location, device characteristics and operating system/settings, the date and time you access our Website or App and/or take certain actions on our Website or App, recordings of your interactions with our Website or App and other digital properties, the pages you accessed while visiting our Website or App and related click behavior (such as products or offerings viewed and/or purchased), previously visited websites, and preferences. We may also track and analyze non-identifying and aggregate usage and volume statistical information from you and provide such information to third parties.
When You use our Services: Where you are our Customer Customer you you may provide us with Personal Information. The type of information collected includes your name; address; email address; phone number; username; password; basic site information listed above, credit report, interest rate from f pre-qualification, financing request, and information about trade-in vehicles including but not limited to VIN, mileage and license plate numbers. dealercanada may also collect certain information from Customers and visitors of the Website. This information is logged to help us diagnose technical problems, to administer our Website and in order to constantly improve the quality of the Services that we provide to you.
When You engage with us on Social Media: dealercanada may may offer you the opportunity to engage with our content on or through third-party social networking websites, plug-ins and applications. When you engage with our content on or through third-party social networking websites, plug-ins and applications, you may allow us to have access to certain information associated with your social media account (e.g., name, username, email address, profile picture, gender) to deliver the content or as part of the operation of the Website or App you provide information from your social media account, we may use this information to personalize your experience on the Websites or on our App and on the third-party social networking websites, plug-ins and applications, and to provide you with other products or services you may request.
OTHER WAYS WE COLLECT YOUR PERSONAL INFORMATION:
Corresponding with us by phone, e-mail, chat or otherwise. . We We ask you to disclose only as much information as is necessary to provide you with our products or services or to submit a question/suggestion/comment in relation to our Website, App or our services or products;
Applying to work with us. The type of information you may may provide in your CV, a cover letter, your name, address, e-mail address and phone number. CVs should include information relevant to your employment history and education (degrees obtained, places worked, positions held, relevant awards, and so forth). We ask that you do not disclose sensitive personal information (e.g. gender, height, weight, medical information, religion, philosophical or political beliefs, financial data) in your application; and
Supplying us with goods or services. Suppliers may provide provide us us with information that may include your contact name; email address; business address; and telephone number.
INFORMATION WE COLLECT WHEN WE PROVIDE YOU WITH OUR SERVICES:
Technologies such as cookies, beacons, scripts and tags are used by us and our third-party partners. These technologies are used in analyzing trends, administering the Website and App, tracking Your movements around the Website, and gathering demographic information about our Customer base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis. Various browsers may offer their own management tools for removing these types of tracking technologies.
WE USE COOKIES WHEN YOU VISIT OUR WEBSITE:
When you interact with the Website we strive to make that experience easy and meaningful. When you come to our Website, our web server, along with other third parties we may engage with to provide you the Services, may send a cookie to your computer. Cookies are files that web browsers store on your computer and are used to tell us whether customers and visitors have visited the Website previously. If you click on a link to a third-party Website, such third party may also transmit cookies to you.
Standing alone, cookies do not identify you personally. They merely recognize your browser. Unless you choose to identify yourself to dealercanada, either by responding to a promotional offer, opening an account, or registering for a free trial, you remain anonymous to dealercanada. Cookies come in two flavors: session and persistent-based. Session cookies exist only during an online session. They disappear from your computer when you close your browser software or turn off your computer. Notwithstanding the foregoing, we also use a type of storage called session storage that disappears whenever you close your browsing window or navigate away from our Website. Persistent cookies remain on your computer after you’ve closed your browser or turned off your computer. They include such information as a unique identifier for your browser.
dealercanada uses session cookies containing information to allow the system to uniquely identify you while you are logged in. This information allows dealercanada to process your online transactions and requests. Session cookies help us make sure you are who you say you are after you’ve logged in and are required in order to use the dealercanada application. dealercanada uses persistent cookies that are used to identify the fact that you are a dealercanada customer or prior dealercanada Website visitor (whatever the case may be), this may include Personal Information, defined below, including your first and last name. We are especially careful about the security and confidentiality of the information stored in persistent cookies. To view the persistent cookies you may be required to successfully authenticate your identity by entering in your dealercanada login credentials or via a third party site, like Facebook or Google. Users who disable their web browsers ability to accept cookies will be able to browse our Website but will not be able to successfully use our Services.
WE USE ONLINE ADVERTISING:
We may use third parties such as ad exchanges and data companies to serve our advertisements in the App, on our Websites or other websites. These companies may use cookies, tracer tags or web beacons to report certain information about your visits to our App, the Website and other websites (such as web pages you visit and your response to ads) in order to measure the effectiveness of our marketing campaigns and to deliver ads that are more relevant and tailored to you, both on and off our Websites. To learn more about this behavioural advertising practice or to opt-out of this type of advertising, you can visit the Digital Advertising Alliance website at www.aboutads.info/choices/ or the Digital Advertising Alliance of Canada website at www.youradchoices.ca/choices.
WE MAY PROVIDE YOU WITH LINKS TO THIRD PARTY WEBSITES:
Our Website and App may contain links to other websites that we do not own or operate. Also, links to our App or Websites may be featured on third party websites on which we advertise. Except as provided herein, we will not provide any of your personal information to these third parties without your consent. We provide links to third party websites as a convenience to the user. These links are not intended as an endorsement of or referral to the linked websites. The linked websites have separate and independent privacy policies, notices and terms of use, which we recommend you read carefully. We do not have any control over such websites, and therefore we have no responsibility, accountability or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat your personal information.
THE SECURITY OF YOUR PERSONAL INFORMATION IS IMPORTANT TO US:
dealercanada uses commercially reasonable efforts to store and maintain your Personal Information in a secure environment. dealercanada takes technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us. dealercanada has implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff or other permitted persons or companies as are reasonably necessary to carry out the stated purposes dealercanada has communicated to you.
Our servers are located in Canada and the United States and accordingly your Personal Information may be available to government agencies and/or law enforcement in those countries under a lawful order, irrespective of the safeguards dealercanada has put in place for the protection of your Personal Information. By using our Website, App and Services, you consent to the hosting of your Personal Information in Canada and the U.S.
HOW WE USE YOUR PERSONAL INFORMATION:
We collect the Personal Information described above in order to provide our Services to you, to market our Services, to improve our Website and App, and to recruit staff. Typically, we will use the information we collect in the following ways:
Information we collect from our Customers
To fulfill our obligations arising from our contract with you i.e. to provide you with our Services;
To deliver information about our Services to you, only where you have subscribed to receive information about our Services.
To ensure payment.
To improve the quality of our Services. Specifically, your information is used to determine the effectiveness of our Services, providing results data and benchmarking data, and to improve the quality of our Services.
Information we collect from visitors to our Website and App
To administer and improve our Website and App and for our internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
As part of our efforts to keep our Website and App safe and secure
To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.
To make suggestions and recommendations to you and other users of our Website about services that may interest you or them.
WHO WE SHARE YOUR INFORMATION WITH:
As at the date of this Privacy Policy, we share Personal Information about you in respect of the Website, and the Services, and the conduct of other types of contractual relationships, with third-party services providers as sub-processors. For example, we may share your Personal Information with our selected business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you. The business partners we share your Personal Information with may include our web hosting provider, IT service providers and other third parties who may provide us with financing and warranty services.
In addition, we may disclose your Personal Information to third parties:
In the event that we sell or buy any business or assets, in which case we may disclose your Personal Information to the prospective seller or buyer of such business or assets.
If we or substantially all of our assets are acquired by a third party, in which case information held by us about our Customers and their End Users will be one of the transferred assets.
If we are under a duty to disclose or share your information in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect our rights, property, or safety, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Data Retention
The time periods for which we retain your information depends on the type of information and the purposes for which we use it. We will keep your information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes such as analysis of aggregated information, account recovery or if required by law.
Your data rights
You have the following rights in respect of your Personal Information:
The right to access the Persona Information we hold about you.
The right to require us to rectify or update any inaccurate Personal Information about you without undue delay.
As a Customer of dealercanada, visitor to the Website or user of our App, you have the following rights:
The right to have us erase any Personal Information we hold about you in circumstances such as where it is no longer necessary for us to hold the Personal Information or, in some circumstances, if you have withdrawn your consent to the processing.
The right to object to us processing Personal Information about you such as processing for profiling or direct marketing.
The right to ask us to provide your Personal Information to you in a portable format or, where technically feasible, for us to port that Personal Information to another provider provided it does not result in a disclosure of Personal Information relating to other people.
The right to request a restriction of the processing of your Personal Information.
The right to address a challenge concerning the personal information handling policies and practices at dealercanada.
Where our processing of your Personal Information is based on your consent to that processing, you have the right to withdraw that consent at any time but any processing that we have carried out before you withdrew your consent remains lawful. You may exercise any of the above rights by contacting our Privacy Officer, contact details listed below.
We will make every reasonable effort to keep your Personal Information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those persons and entities to which we are permitted to disclose your Personal Information. Having accurate Personal Information about you enables us to give you the best possible Service.
Contact Us
You can help by keeping us informed of any changes such as a change of address or telephone number. If you would like to access your information, if you have any questions, comments or suggestions or if you find any errors in our information about you, please contact our Privacy Officer at: privacy@dealercanada.ca
Sell or Trade Terms and Conditions
Effective Date: Jan 1 2024
All Sell or Trade Offers (“Offer”) provided by dealercanada Technologies Inc. (“dealercanada”) are subject to the following terms and conditions:
All Offers expire on the date provided in the offer or seven (7) days from the date the offer was sent to you.
All Offers are subject to: (a) the accuracy of the information provided about the vehicle, its condition and history; (b) inspection by a representative of dealercanada; (c) vehicles must not have any undisclosed liens or be pledged as security; (d) your legal right to sell the vehicle; and (e) vehicle mileage shall not exceed 2,500 kms of the mileage disclosed.
dealercanada may rescind or revise Offer at any time prior to the vehicle being sold to dealercanada.
Statement of Commitment
Effective Date: Jan 1 2024
Statement of Commitment
dealercanada is on a mission to revolutionize the way people buy and sell used cars. We are committed to providing a barrier-free and integrated environment so that everyone has equal access to the products and services that dealercanada provides. We’re committed to meeting the needs of people with disabilities, and will ensure that we comply with the standards under the Accessibility for Ontarians with Disabilities Act (AODA) in a timely fashion.
Accessibility Policy
Purpose: We have created an Accessibility Policy (“Policy”) to fulfil the goal of the AODA which is to create a more accessible Ontario by identifying and, to the extent possible, preventing and eliminating barriers experienced by any persons with a disability including employees of dealercanada and members of the public. Our Policy is also designed to comply with the Customer Service Standards (the “Standards”) to ensure goods and services are, where possible, equally accessible to every member of the public.
Application: Our Policy applies to all dealercanada services provided to the public and to everyone at dealercanada who provides services to the public.
Core Principles of Our Policy: We endeavour to ensure that our Policy and related practices and procedures are consistent with the following principles:
Dignity: Persons with a disability should be treated as valued customers, as deserving of high-quality service as anyone else.
Equality of Opportunity: Persons with a disability should be given opportunities equal to those given to others to obtain, use, and benefit from our goods and services.
Integration: Wherever possible, persons with a disability should benefit from our goods and services in the same or similar place and in the same or similar manner as any other customer. In circumstances where integration does not serve the needs of a person with a disability, goods and services should, to the extent possible, be provided in another way that takes into account the person’s individual needs.
Independence: Goods and services should be provided in a way that respects the independence of persons with a disability. While we should always be willing to assist a person with a disability, we should not do so without the express permission of that person.
dealercanada is committed to providing excellent customer service, including to customers with disabilities, and we will carry out our functions and responsibilities as follow
Communication
We will communicate with people with disabilities in ways that take their needs into account. We will work with each person with a disability to determine what method of communication works best for them.
Assistive Devices
People with disabilities may use their personal assistive devices when accessing our goods, services or facilities. In cases where the assistive device presents a significant and unavoidable health or safety concern, or may not be permitted for other reasons, other measures will be used to ensure the person with a disability can access our goods, services, or facilities.
Service Animals
We are committed to welcoming people with disabilities who are accompanied by a service animal. We will also ensure that staff are properly trained in how to interact with people with disabilities who are accompanied by a service animal.
Support Persons
We are committed to welcoming people with disabilities who are accompanied by a support person. Any person with a disability who is accompanied by a support person will be allowed to enter dealercanada’s premises with their support person. At no time will a person with a disability who is accompanied by a support person be prevented from having access to their support person while on our facilities.
Training for Staff
dealercanada will provide training to all staff; to individuals who provide goods or services on behalf of dealercanada; and to individuals involved in the development of our customer services, our policies, and/or our procedures. Training will include:
Reviewing the purpose and requirements of the AODA and its Customer Service Standards, as well as the practices and procedures of dealercanada’s Accessibility Policy;
How to interact and communicate with people with various types of disabilities;
How to interact and communicate with people with disabilities who use an assistive device or require the assistance of a service animal or support person;
How to use the assistive devices available on our premises; and
What to do if a person with a disability is having difficulty in accessing dealercanada’s goods and services.
Training will be provided as soon as practicable after a person is hired or assigned to applicable duties and on an ongoing basis when changes are made to this Policy. Records of the training provided shall be maintained in accordance with the requirements of the Standards.
Feedback Process
dealercanada welcomes feedback on how we provide products and services to people with disabilities. Those who wish to provide feedback can email us at support@dealercanada.ca.
All feedback, including complaints, will be handled promptly. dealercanada will make sure its feedback process is accessible to people with disabilities by providing or arranging for accessible formats and/or communication support upon request.
Modifications to This or Other Policies
We are committed to developing customer service policies that respect and promote the principles of dignity, independence, integration, and equal opportunity for people with disabilities. Therefore, no changes will be made to this Policy before considering the impact of those changes on people with disabilities. Any dealercanada policy that does not promote the dignity and independence of persons with disabilities will be modified or removed.
Questions About This Policy
This Policy exists to achieve service excellence to customers with disabilities. If anyone has a question about our Policy, or if the purpose of our Policy is not clear, you may email us at support@dealercanada.ca. This Policy is available in alternative formats upon request.
Multi-Year Accessibility Plan
Past Achievements in Removing and Preventing Barriers
Recruitment and Employment
dealercanada is committed to fair and accessible employment practices. We provide an accessible candidate experience and offer accommodations and adjustments throughout the interview process and beyond, upon request.
Feedback
dealercanada welcomes feedback on the accessibility of our recruitment, products and services.. Customers and prospective employees can provide feedback to support@dealercanada.ca, where we will integrate suggestions into our practices to ensure we are providing an accessible environment to all.
Strategies and Actions
In addition to complying with the AODA and its Customer Service Standards, dealercanada will continue to work to meet the Web Content Accessibility Guidelines and continuously review our progress towards WCAG 2.0 Level AA in accordance with Ontario’s accessibility laws.
Recognizing that as technology evolves more options will be available to improve accessibility, dealercanada is committed to conducting regular audits on both our content, policies, goods and services to ensure that we are providing the best possible products and service to our customers.
Referral Terms & Conditions
Effective Date: Jan 1 2024
By accepting and sharing your referral link or code or by utilizing a referral link or code provided by dealercanada Technologies Inc. (“dealercanada”), you are agreeing to be bound by these terms and conditions (“Terms”). Any violation of these Terms will not only prevent you from participating in any dealercanada referral program (now or in the future), but could also result in the forfeiture or retraction of money or other rewards earned through the program and even the deactivation of your account.
In addition, there may be other terms that apply to your prepaid card or other incentive (“Referral Reward”) including what actions you may need to take as well as the type and amount of the referral reward. See the additional terms that came with your invitation or those provided in our app or website when you made your referral.
Please note that these Rules are in addition to the Terms of Service as updated from time to time.
1 ELIGIBILITY
1.1 Inviters
Anyone may be an inviter who (a) is of legal age where they live, and (b) has a dealercanada account in good standing.
1.2 Invitee
Your friends, family, and other people you know (but not yourself) may be eligible to be invitees. To determine eligibility, keep in mind the following stipulations:
To receive a Referral Reward for referring someone who purchases or sells a vehicle through dealercanada, your invitee must (a) be a new dealercanada user of that service, (b) meet the conditions dealercanada has for using its services; (c) applies your referral link or code prior to check-out; and (d) complete the purchase or sale of the vehicle within one hundred and eighty (180) days of the referral invitation being sent.
Your invitees can be referred only once, so if someone else has referred them and they have accepted that invitation they will not be able to accept yours.
Referrers cannot have more than a total of 5 referral payouts
If you are providing dealercanada with the contact information for your invitees, you represent that you have the right to provide that information.
2. Usage
dealercanada has the right to limit the number of times you may use or share your referral link or code based on the referral program in which you participate.
dealercanada wants you to share your referral link or code and earn Referral Rewards, but referral links or codes must be used only for personal and non-commercial purposes. This means that you can share your referral link or code only with people you know. You agree that you will not:
Duplicate, sell, or transfer your referral link or code in any manner or make it available to the general public (such as by printing it on business cards; posting it on a coupon website);
Try to get referees/invitees by spamming, bulk emailing, or sending large numbers of unsolicited emails. The only people you should be emailing are people you know personally;
Use, display, or manipulate dealercanada intellectual property (such as dealercanada’s logos, trademarks, and copyright-protected works) in any way, except as to identify yourself as an dealercanada user, inviter, or invitee;
Create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include the word “dealercanada” or any of dealercanada’s other trademarks or any words that are confusingly similar to dealercanada’s trademarks.
Use dealercanada’s trademarks as your social media profile picture or wallpaper or use any of dealercanada’s copyright-protected works (such as graphics, photos, images, drawings, and screenshots from dealercanada’s website or app) without dealercanada’s express written permission;
Purchase keywords (including, but not limited to Google AdWords) that contain any of dealercanada’s trademarks;
Use automated systems or bots through any channel to distribute, post, or otherwise share your referral link or code;
Use scripts or programmed or automatic dialers to send invites or otherwise share your referral link or code;
Make misleading claims about dealercanada, use offensive/abusive content, create fake websites/webpages/social media profiles/apps, misrepresent your connection to dealercanada or otherwise make any false or misleading statements to get a referee/invitee to use your link or code; or
Use your referral link or code in any manner that violates the law or the rights of anyone else.
Remember, when you share your referral link or code, you should explain that you are a dealercanada referrer.
3. Referral Rewards
As long as you and your invitee follow these Terms and any additional terms provided by dealercanada, you should receive your Referral Reward after your invitee uses your link or code to purchase a vehicle with Cutch. Referral Rewards do not apply to inviters in British Columbia. Prepaid cards or Referral Rewards will be emailed to the referrer upon the referee’s completion of their purchase and after the expiration of the 10-Day Money-Back Guarantee (approximately 15 days after the vehicle has been delivered) or upon completion of the invitee’s sale to dealercanada.
dealercanada reserves the right to set a limit on the number of times you may use your referral link or code. The requirements for receiving, and the amounts of, Referral Rewards are subject to change at dealercanada’s sole discretion.
4. Termination and Changes
dealercanada reserves the right to change, end, or pause, in whole or in part, any referral program, as well as any inviter’s or invitee’s ability to participate in any referral program or receive Referral Rewards at any time for any reason, including suspected fraud (including by either the inviters and/or invitee), abuse, or any violation of these Terms as well as any agreement (if one exists) between you and dealercanada.
dealercanada may update these Terms at any time. If dealercanada makes an update, dealercanada will post the update on the dealercanada.ca website and applications and provide you notice of the update. Continued participation in any referral program after any update will mean that you have agreed to the update.
Accessibility
Accessibility for Canadians with Disabilities
Statement of Commitment
dealercanada is on a mission to revolutionize the way people buy and sell used cars. We are committed to providing a barrier-free and integrated environment so that everyone has equal access to the products and services that dealercanada provides. We’re committed to meeting the needs of people with disabilities, and will ensure that we comply with the standards under the Accessibility for Canadians with Disabilities Act (VSA) in a timely fashion.
Accessibility Policy
Purpose
We have created an Accessibility Policy (“Policy”) to fulfil the goal of the VSA which is to create a more accessible Ontario by identifying and, to the extent possible, preventing and eliminating barriers experienced by any persons with a disability including employees of dealercanada and members of the public. Our Policy is also designed to comply with the Customer Service Standards (the “Standards”) to ensure goods and services are, where possible, equally accessible to every member of the public.
Application
Our Policy applies to all dealercanada services provided to the public and to everyone at dealercanada who provides services to the public.
Core Principles of Our Policy
We endeavour to ensure that our Policy and related practices and procedures are consistent with the following principles:
Dignity
Persons with a disability should be treated as valued customers, as deserving of high-quality service as anyone else.
Equality of Opportunity: Persons with a disability should be given opportunities equal to those given to others to obtain, use, and benefit from our goods and services.
Integration
Wherever possible, persons with a disability should benefit from our goods and services in the same or similar place and in the same or similar manner as any other customer. In circumstances where integration does not serve the needs of a person with a disability, goods and services should, to the extent possible, be provided in another way that takes into account the person’s individual needs.
Independence: Goods and services should be provided in a way that respects the independence of persons with a disability. While we should always be willing to assist a person with a disability, we should not do so without the express permission of that person.
dealercanada is committed to providing excellent customer service, including to customers with disabilities, and we will carry out our functions and responsibilities as follow
Communication
We will communicate with people with disabilities in ways that take their needs into account. We will work with each person with a disability to determine what method of communication works best for them.
Assistive Devices
People with disabilities may use their personal assistive devices when accessing our goods, services or facilities. In cases where the assistive device presents a significant and unavoidable health or safety concern, or may not be permitted for other reasons, other measures will be used to ensure the person with a disability can access our goods, services, or facilities.
Service Animals
We are committed to welcoming people with disabilities who are accompanied by a service animal. We will also ensure that staff are properly trained in how to interact with people with disabilities who are accompanied by a service animal.
Support Persons
We are committed to welcoming people with disabilities who are accompanied by a support person. Any person with a disability who is accompanied by a support person will be allowed to enter dealercanada’s premises with their support person. At no time will a person with a disability who is accompanied by a support person be prevented from having access to their support person while on our facilities.
Training for Staff
dealercanada will provide training to all staff; to individuals who provide goods or services on behalf of dealercanada; and to individuals involved in the development of our customer services, our policies, and/or our procedures. Training will include:
Reviewing the purpose and requirements of the AODA and its Customer Service Standards, as well as the practices and procedures of dealercanada’s Accessibility Policy;
How to interact and communicate with people with various types of disabilities;
How to interact and communicate with people with disabilities who use an assistive device or require the assistance of a service animal or support person;
How to use the assistive devices available on our premises; and
What to do if a person with a disability is having difficulty in accessing dealercanada’s goods and services.
Training will be provided as soon as practicable after a person is hired or assigned to applicable duties and on an ongoing basis when changes are made to this Policy. Records of the training provided shall be maintained in accordance with the requirements of the Standards.
Feedback Process
dealercanada welcomes feedback on how we provide products and services to people with disabilities. Those who wish to provide feedback can email us at support@dealercanada.ca.
All feedback, including complaints, will be handled promptly. dealercanada will make sure its feedback process is accessible to people with disabilities by providing or arranging for accessible formats and/or communication support upon request.
Modifications to This or Other Policies
We are committed to developing customer service policies that respect and promote the principles of dignity, independence, integration, and equal opportunity for people with disabilities. Therefore, no changes will be made to this Policy before considering the impact of those changes on people with disabilities. Any dealercanada policy that does not promote the dignity and independence of persons with disabilities will be modified or removed.
Questions About This Policy
This Policy exists to achieve service excellence to customers with disabilities. If anyone has a question about our Policy, or if the purpose of our Policy is not clear, you may email us at support@dealercanada.ca. This Policy is available in alternative formats upon request.
Multi-Year Accessibility Plan
Past Achievements in Removing and Preventing Barriers
Recruitment and Employment
dealercanada is committed to fair and accessible employment practices. We provide an accessible candidate experience and offer accommodations and adjustments throughout the interview process and beyond, upon request.
Feedback
dealercanada welcomes feedback on the accessibility of our recruitment, products and services.. Customers and prospective employees can provide feedback to support@dealercanada.ca, where we will integrate suggestions into our practices to ensure we are providing an accessible environment to all.
Strategies and Actions
In addition to complying with the AODA and its Customer Service Standards, dealercanada will continue to work to meet the Web Content Accessibility Guidelines and continuously review our progress towards WCAG 2.0 Level AA in accordance with Ontario’s accessibility laws.
Recognizing that as technology evolves more options will be available to improve accessibility, dealercanada is committed to conducting regular audits on both our content, policies, goods and services to ensure that we are providing the best possible products and service to our customers.
Direct Data Collection
Personal data is only stored when voluntarily given by you for a determined purpose e.g. in context of a registration, a survey, a contest, or in performance of a contract. Your individual, identifiable, personal data will not be disclosed to third parties, without your consent.
PHONE NUMBERS
Any phone numbers collected through our site, whether through webform or other means, will be used exclusively to communicate with you regarding our services and will never be shared or sold to third parties for promotional or marketing purposes.
TELEPHONE COMMUNICATIONS WITH YOU
You agree that our company and its agents may call or text you at any phone number (landline or wireless) that you provide to us, using an automated dialing system and/or a prerecorded message, for marketing services and/or account-related purposes, such as appointment confirmations, service alerts, billing and collection issues or account recovery concerns. You can manage your contact preferences by emailing us, calling us, or replying to text messages with “HELP” for assistance or “STOP” to unsubscribe. Reply “START” to resubscribe. Message and data rates may apply.