Effective date: June 1, 2023
Table of Contents
- Personal Information 2
- Collection of Personal Information. 2
- Cookies and Tracking Technologies. 4
- Use of Personal Information. 5
- Sharing of Personal Information. 6
- Your Privacy Rights 8
- Retention and Cross-border Transfers of Personal Information. 8
- Security. 8
- Website Links to Third-Party Webwebsite. 9
- How to Contact Us. 11
In this policy, “personal information” generally means any information that can be used, either alone or in combination with other information, to identify an individual. This includes information such as your name, contact details, birth date and account number. It may also include other types of more technical information, but only when this information can identify you as an individual. Information that is anonymized and cannot be associated with an identifiable individual is not considered to be personal information, if it is, at all times, reasonably foreseeable in the circumstances that this information irreversibly no longer allows the individual to be identified directly or indirectly.
Generally, “personal information” does not include information that is used for the purpose of communicating or facilitating communication with an individual in relation to their employment, business or profession such as the individual’s name, position name or title, work address, work telephone number, or work email address.
A. Types of personal information we collect
Depending on your interactions with us and your use of our website, we may collect the following personal information that is necessary for our legitimate business purposes and to comply with our legal obligations:
- Identifiers and contact information: such as your name, email address, mailing address, telephone numbers, date of birth, national identification number, social security number, driver’s licence information and number which may contain gender, signature and other information you provide to us when you contact us or open an account with us, log in to your account on our website, and other information that we may need to provide you with our services on our website (such as citizenship, income, tax returns which may contain marital status and gender, information about your guarantors).
- Transactional information: such as details about your purchase or use of our services and your payment information (including account numbers).
- Commercial Information: such as your company identification number, business records of your company, insurance information, property records, financial records including assets and liabilities which may contain marital status and gender.
- Vehicle information: such as description of the vehicles you own or operate, make, model, year, colour, license plate number and engine type (fuel, hybrid, electric, etc.).
- Information provided during our communications with you: such as information you give us when you contact us, including when you contact us on our Website through the “Apply now” application form, or correspond with us for customer support or request of information, or otherwise interact with us by telephone, online, email or in-person.
- Marketing information: such as your preferences for receiving promotional communications about our services, details about how you engage with our communications and advertisements, such as your preferences and interests.
- Internet or other electronic network activity information: (i.e., technical information when you access or use our website), such as your IP address, device ID, browser type, operating system, device type, data about the page you accessed before landing on our website and the pages you access on our website or the functionalities used on our website, language preferences, email bounce backs, click-throughs, general geographic information, and clickstream data.
- Professional and career-related information: such as information you submit to us when applying for a career opportunity, which may include your education and employment history, your resume, letters of reference, references and any additional information provided by you in an application form or correspondence. We may use service providers to collect this category of information.
- Other information: any other information that you or another person or organization on your behalf provides to us.
B. How We Collect Personal Information
We collect the personal information listed above directly and indirectly from the following sources:
- From agents, or other persons and organizations: for example, information provided in an application for financing or provided to them in the course of providing their services to you, including when you authorize them to provide us with your personal information or as otherwise permitted by law.
- From applications for employment: for example, when you submit an application for employment with NextGear Capital by communicating directly with us or by any other channel.
- From a visit to or activity on our website or our communications and advertisement: for example, email messages and advertisements may use technologies (e.g., cookies, web beacons, tokens, pixels or tags, analytics engines) to automatically collect information about your access to and use of our website and your actions regarding email messages and advertisements. Some of those technologies may be operated by independent organizations. For more information about the technologies we use and how you can manage your choices, see section 3.
- From independent or public sources: for example, we may collect information from government agencies and other third party sources of information about registered owners of vehicles and the vehicle owners’ financing; organizations that perform background checks on job applicants; and publicly available information, such as social media.
Cookies are used only to enhance the visitor’s experience on the website, and to collect anonymous traffic data to enable us to provide a better web experience for the viewing public in general.
You may refuse certain cookies and manage your cookie preference by activating the appropriate settings in your browser’s software. Most browsers let you remove or stop accepting cookies from the website you visit. To do this, follow the instructions on your browser’s settings. If you do not accept cookies, however, you may not be able to use all functionality of our website, or our website might not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.
You may choose to decline cookies if your browser permits, but doing so may affect your use of the website and your ability to access certain features of the website.
NextGear Capital may use the personal information we collect for one or more of the following purposes:
- For general business purposes relating to or arising from our relationship and dealings with you and to your use of our website: for example, we use information provided to us on an online application for a floor plan line of credit; to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections and other documents and information regarding your use of our services and as otherwise required by contractual or legal obligations; to create and manage your online account with us and providing you with information and documents about your online account; to process and respond to your inquiries, requests and other communications (including to process your career application and take a decision on that request).
- To improve our business, our services and our website: for example, we may use your information to improve our services and our website; for testing, research, analysis and product development; to understand and analyze your use of our services and develop new ones, and to notify you of changes to the website.
- For marketing purposes: for example, we may use your information to provide you with information (including by email and other electronic messages) regarding NextGear Capital and its services that might be of interest to you (including upcoming events); to provide you with customized information, offers and promotions regarding our services.
- For legal and compliance purposes: for example, we may use your information as necessary to comply with, and assessing compliance with, applicable laws, contractual and legal obligations, and our internal policies and procedures; to prevent, detect and investigate fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft; to protect and enforce our legal rights, interests and remedies and protect the business, operations and customers of NextGear Capital or other persons and organizations.
- Other: we may also use your information as otherwise required or permitted by applicable laws.
- To operate our businesses;
- To provide you with information, financial and other products and/or services that you request from us;
- To provide, operate and maintain our information technology systems and services;
- To operate our website;
- To process payments and complete transactions;
- To provide customer care services;
- To manage job applications requests;
- To comply with a subpoena, warrant, court order, law or legal process, including to respond to any government, regulatory or law enforcement request;
- Where NextGear Capital has reasonable grounds to believe the information could be useful in the investigation of unlawful activity;
- To a buyer or resulting organization in the event of a merger, amalgamation, divestiture, reorganization, dissolution or other sale or transfer of some or all of NextGear Capital’s assets, whether as a going concern or as a part of a bankruptcy, liquidation or similar proceeding. However, we will only disclose your personal information to the extent reasonably necessary for each transaction and in accordance with applicable laws;
- As otherwise required or permitted by law.
If we share personal information with an affiliate, business partner and/or service provider, then that third-party must adhere to contractual agreements with NextGear relating to the use and protection of such information.
Individuals may request to access or correct their personal information by contacting NextGear Capital at email@example.com. Subject to certain exceptions prescribed by applicable law, individuals will be given reasonable access to their personal information, and will be entitled to demonstrate whether it is inaccurate, incomplete, or equivocal, and to have it amended as appropriate. You can help NextGear Capital maintain the accuracy of your personal information by notifying us of any changes to your personal information submitted through the website.
We may store and process personal information collected through the website in our offices and/or in the offices of our affiliates and/or service providers located outside of Canada, including in the United States or other jurisdictions where we may have operations. As such, personal information may be subject to foreign laws and may be accessible by foreign governments, courts, law enforcement and regulatory agencies. By using the website, you consent to such storage and processing in and outside of the jurisdiction in which you reside.
We recognize that your personal information is confidential and valuable, and we take steps to protect that information against loss, theft and unauthorized access, use, and disclosure.
Information collected through the website is stored within NextGear Capital-controlled databases (or databases hosted on our behalf) on services maintained in protected environments. We use commercially reasonable efforts to ensure that personal information is protected.
NextGear Capital uses safeguards appropriate to the sensitivity and amount of personal information under NextGear Capital’s legal control, to the purposes for which it is used and the format in which it is stored, we use a combination of measures – including administrative, physical and technical security and safeguarding measures – to help protect the security of the personal information, including:
- A privacy framework governing the protection of personal information through its lifecycle.
- Internal policies and procedures that define the roles and responsibilities of NextGear Capital’s personnel regarding the handling of personal information.
- Technical safeguards, such as encryption (e.g., through Secure Sockets Layer software), firewalls, passwords and antivirus software, to protect personal information collected, used or stored in electronic format.
- A designated Privacy Officer accountable for NextGear Capital’s compliance with applicable privacy laws.
- Employee privacy and data security training.
- Procedures for receiving, investigating and responding to complaints or inquiries regarding NextGear Capital’s information handling practices.
- Contractual provisions and other measures to require our service providers with whom we share personal information to maintain adequate privacy protections and standards.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the website. 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 website. It is important for you to also protect against unauthorized access to your password, to your account and to your computer. Be especially sure to sign off when you finish using a shared computer.
Chief Compliance & Privacy Officer
By email at firstname.lastname@example.org
By mail at: Cox Automotive, Inc.
6305 Peachtree-Dunwoody Road , Floor 7
Atlanta, Georgia 30328 USA
Attention: Scott Hilsen, Chief Compliance & Privacy Officer
To change your privacy preferences or settings when using our website, please contact us by email at email@example.com.