Last Updated: May 13, 2016
How we gather information from users
How we collect and store information depends on the page you are visiting, the activities in which you elect to participate and the services provided. For example, you may be asked to provide information when you register for access to certain portions of our site or request certain features, such as newsletters or when you make a purchase. You may provide information when you participate in sweepstakes and contests, message boards and chat rooms, and other interactive areas of our site. Like most Web sites, also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use cookie technology to recognize you and hold information from your visit. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but if you do you may be unable to access certain portions of the site or may be asked to re-enter your user name and password, and we may not be able to customize the site’s features according to your preferences.
What we do with the information we collect
Like other Web publishers, we collect information to enhance your visit and deliver more individualized content and advertising. We respect your privacy and do not share your information with anyone.
Aggregated Information (information that does not personally identify you) may be used in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g., to learn which pages are visited most or what features are most attractive). Aggregated Information may occasionally be shared with our advertisers and business partners. Again, this information does not include any Personally Identifiable Information about you or allow anyone to identify you individually.
Personally Identifiable Information collected by may also be used for other purposes, including but not limited to site administration, troubleshooting, processing of e-commerce transactions, administration of sweepstakes and contests, and other communications with you. Certain third parties who provide technical support for the operation of our site (our Web hosting service for example) may access such information. We will use your information only as permitted by law. In addition, from time to time as we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to disclosure in such cases.
Affiliated sites, linked sites and advertisements
expects its partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a page, certain content that is actually created or hosted by a third party. Also, through you may be introduced to, or be able to access, information, Web sites, features, contests or sweepstakes offered by other parties. is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.
You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of and this policy.
does not knowingly collect or solicit Personally Identifiable Information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe has any information from or about anyone under 13, please contact us at the address listed below.
We can be reached by contacting:
Changes to this Policy
reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.
This policy and the use of this Site are governed by law. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: . Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: , under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
is controlled, operated and administered entirely within . This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.
Supplemental Privacy Notice
We use the analytics and reporting system, Foureyes®, (the "Tool") provided by our website analytics vendor, Adpearance Holdings, LLC, a Delaware limited liability company.
When used in this Supplemental Privacy Notice ("Tool Privacy Notice"), "we," "us," and "our" may refer to us, Rock-A-Hula ("Dealer"), and/or Adpearance, its affiliates or subsidiaries (collectively, “Adpearance”), as applicable. This Tool Privacy Notice may be posted or displayed separately on the site or may be appended to another privacy notice or policy posted or displayed on the site (“Additional Privacy Notices”). To the extent an inconsistency or conflict arises between the terms of this Tool Privacy Notice and any Additional Privacy Notices, the terms of this Tool Privacy Notice will control with respect to the tool. However, this Tool Privacy Notice applies only with respect to the Tool, and not any other features of the site.
This Tool Privacy Notice describes how the Tool works when you visit this site and on our phone system, and how it collects, uses, and discloses your personal information. Please read this Tool Privacy Notice carefully. We may also update or modify this Tool Privacy Notice at any time by posting it to this site. Please refer to “Effective Date and Modifications” below for the effective date of this Tool Privacy Notice.
By using this site or our phone system, you consent to the collection, use and disclosure of your personal information as described herein. If you do not consent, you may opt-out of the use of the Tool (as set out below).You may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting the office of our Privacy Officer using the contact information set out below.
How the Tool Works. For each visit to the site, the Tool: (1) identifies the traffic source for the visit; and (2) issues a unique visitor ID number and visitor traffic number. As the user navigates the site, the Tool may track and store the pages visited and features used. The Tool also may collect and link information provided through forms featured on the site or during phone calls with a visitor ID number. Using local storage, the Tool may also store data in the user's Internet browser or in a data repository on the user's device for purposes of associating the user with his or her user profile. The Tool operates only on the site and our phone system – it does not track information regarding your use of other sites or activities on other sites.
Purpose of collection. Using the Tool, we collect personal information for purposes related to managing, marketing and developing our businesses as further described herein and including:
- Establishing and managing business relations with you
- Providing us with information in order to allow us to analyze usage of the site, improve the site, the Tool, and for development of new services and products;
- Marketing products and services to you; and
- For other purposes related to the management of our relationship.
Adpearance further collects personal information for purposes of operating and administering the Tool for subscribers of the Tool, such as the Dealer and other third parties.
Information Collected and Usage of Information. The Tool creates a user profile including the user's visitor ID number and any information the user directly provides through the site or other interactions with the site and/or the company associated with the site (e.g., phone calls and chats). This information may include a user's personal information, such as name, personal phone number, home address, email address, and similar information, whether or not this information is complete or partially entered by the user. We will not ask for or knowingly associate financial information with your user profile. Unless the user provides us personal information, the information we collect using the Tool and which is associated with the user profile is limited to information automatically collected as a user browses and interacts with the site, such as the user's browser type, available plugins, Internet service provider, Internet protocol ("IP") address and/or mobile device ID, and pages visited, features used, and activities performed on the site. Except as otherwise expressly set forth herein, the information collected and associated with a user profile is used, maintained and disclosed in accordance with the restrictions, consents, and permissions in this Tool Privacy Notice and any Additional Privacy Notices (if any), including obligations of confidentiality and restrictions on disclosure to third parties.
You expressly acknowledge and agree that the information associated with your user profile may be used to understand and analyze the usage of the site, and for the purposes of marketing products or services to you. In particular, where it is lawful to do so (please see additional note below on Canada’s Anti-Spam Legislation), the Tool may automatically generate and send email marketing communications to you (to the extent you have provided your email address as part of your interactions with the site and/or the company associated with the site). The content of those email marketing communications may be based on the pages that you have visited and/or the features you have used on the site. To opt-out of receiving the email marketing communications generated by the Tool, please see the Opt-Out instructions below.
Third Party Disclosure. Unless required or permitted by law, the information associated with your user profile will not be used or disclosed to third parties other than for the purpose for which it was collected, without the user's prior consent.
For purposes of clarity and in addition to any disclosure to third parties described in any Additional Privacy Notice, the information collected by the Tool and/or associated with your user profile may be disclosed by Adpearance to the following category of third parties or as otherwise authorized or required by law:
(i) OEMs: Adpearance partners with various automotive manufacturers ("OEMs") as a part of their respective certified marketing programs and their affiliates.
(ii) Third Parties: Adpearance is party to certain agreements with third parties with whom it conducts business regarding the Tool and/or the information collected by the Tool and/or associated with your user profile. Adpearance may disclose your personal information to such third parties who may provide services that facilitate the operation of the Tool, assist us in providing an improved customer experience to you, or assist us in providing improved services to Adpearance’s customers.
Blocking and/or Disabling the Tool. The Tool gathers information about the user's computer hardware and software configurations to identify the user each visit and associate the user with their existing user profile. Unlike a "cookie", and except for local storage discussed below, the system does not store a file on the user's computer; therefore, the user information gathered is not deleted when the user clears their cache and/or deletes their cookies. In order to disable the tool, see the Opt Out instructions below.
Opt-Out. The Tool's opt-out functionality is cookie based, so for it to work for you, your browser must allow third party cookies. If you change computers or browsers or delete this cookie, we will no longer know you have opted out, so you will need to opt-out again. To opt out, Click Here. Note that opting out of cookies on the Dealer’s site will not be an opt out with respect to the Tool.
You may also opt-out of, or withdraw your consent to (where the Canadian Anti-Spam Legislation applies) receiving email marketing communications generated by the Tool by sending a request to email@example.com, or by clicking the unsubscribe link on any such email marketing communication you receive. Please note that clicking the unsubscribe link may only result in your no longer receiving marketing communications generated by the Tool; you may still receive other email marketing communications from the Dealer. If you opt out or withdraw consent with the Dealer or on the Dealer’s site, you will still also need to opt-out or withdraw your consent regarding the Tool as set out in this paragraph.
As noted above, the Tool may also collect and store information (including personal information) locally on your device using mechanisms such as browser web storage and application data caches. Browser web storage enables websites to store data in a browser on a device. When used in "local storage" mode, it enables data to be stored across sessions. Similarly, an application data cache is a data repository on a device. You may stop local storage from being used by modifying your Internet browser settings, but stopping local storage may result in the site having impaired or limited functionality. Furthermore, disabling local storage will not block the Tool from operating; rather, it will only prevent the Tool from collecting and storing information locally on your device. To disable the Tool, see the Opt-Out instructions above. Further, you should refer to the help provided by your Internet browser for the most up-to-date and accurate instructions on disabling local storage.
Do Not Track Signals. IF YOU DO NOT WANT THE TOOL TO GATHER INFORMATION ABOUT YOUR USER PROFILE AND SITE VISIT, NOW AND FOR FUTURE BROWSING SESSIONS,PLEASE REFER TO THE OPT-OUT PROCEDURES ABOVE /OR REFRAIN FROM USING THE SITE. WE DO NOT CURRENTLY RESPOND TO DO NOT TRACK (DNT) SIGNALS.
Accessing, Correcting, Updating Your Personal Information. You have a right to know what personal information we have about you and correct any inaccuracies. To review your information that is collected using the Tool, contact Adpearance by email at firstname.lastname@example.org or by regular mail addressed to Adpearance Holdings, LLC, 2035 NW Front Ave, Suite 300, Portland, OR, 97209.
Data Retention. We keep information associated with your user profile for as long as we think is necessary or advisable to fulfill the purposes for which it was collected, and we reserve the right to retain it to the full extent permitted by law. If required by law, a governmental order, or similar legal process, we will disclose your information.
Children. The site is intended for adults who have reached the age of majority in their state, province or territory of residence. The site is not directed at children under age 16. We do not knowingly collect personal information from children under age 16, and if we learn that the Tool has collected information of a child under age 16, we will delete the information.
Canada’s Anti-Spam Legislation. We are committed to complying with Canada’s Anti-Spam Legislation and will only send you email marketing communications (or other commercial electronic messages, as defined in Canada’s Anti-Spam Legislation) where it is lawful to do so. If you have consented to receiving marketing materials from us, you can withdraw your consent to receiving email marketing communications generated by the Tool by sending a request to email@example.com, or by clicking the unsubscribe link on any such email marketing communication you receive. Please note that clicking the unsubscribe link may only result in your no longer receiving marketing communications generated by the Tool; you may still receive other email marketing communications from the company associated with the site.
European Union and United Kingdom Privacy. If the processing of your information in connection with the Tool is subject to the General Data Protection Regulation 2016/679 ("EU GDPR") or the United Kingdom General Data Protection Regulation ("UK GDPR") (collectively, the "GDPR"), we have additional obligations and you have additional rights under the GDPR. These rights and obligations are as follows:
We will process your personal information using the Tool in order to support our provision of services in connection with your use of the site. The lawful bases for processing your personal information may include:
- When you have given consent;
- When processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract;
- When processing is necessary to protect Adpearance's or our legitimate interests or that of a third party, except where such interests are overridden by your interests or fundamental rights;
- When processing is necessary for compliance with a legal obligation to which we or Adpearance are subject; and
- When processing is necessary to protect the vital interests of the data subject or of another natural person.
You have many rights with respect to our processing of your personal information. Depending upon the lawful basis of processing, you may have the right to withdraw consent or object to processing your personal information.
You have the right to be informed about your personal information and how it is being processed, to access, correct and erase personal information, to restrict further processing, to obtain and reuse your data for your own purposes across different services and to object to processing. You also have the right to lodge a complaint with the relevant EU or United Kingdom supervisory authority.
If we transfer your personal information to a recipient in a country outside the European Economic Area or the United Kingdom, we will do so in compliance with applicable laws with respect to such transfer.
Storage in the United States. The Tool is operated and controlled from offices in the United States. If you access the site from locations outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Your access to the site constitutes your agreement to our storage of your personal information within the United States. You understand that your personal information may be stored and/or processed in the United States, notably at the address indicated above, that it may be subject to the laws of the United States and that it may be accessible to tribunals, courts, law enforcement and regulatory agencies in the United States.
Effective Date and Modifications. This Tool Privacy Notice is effective on February 1, 2023. We may amend this Tool Privacy Notice from time to time. Except as otherwise required by applicable law, our only notification will consist of posting a new policy.
Supplemental California Privacy Information. We are required by law to provide California residents with certain additional information about their privacy rights under the California Consumer Privacy Act. This information is available at the following link: Click Here.
Contacting Us. If you have any questions, complaints, or comments about this Tool Privacy Notice, your information, our third-party disclosure practices or your consent choices in connection with the use of the Tool, please contact the privacy officer at firstname.lastname@example.org.