CCPA Privacy

Harley-Davidson of Utica Privacy Policy

Effective Date: July 10, 2018

Your privacy is important to us. To better protect your privacy, Harley-Davidson of Utica ("us", "our" or "we") provides this Privacy Policy, which explains our online information practices and the choices you can make about the way in which your information is collected and used on this website (this "Website"). Please see our Terms and Conditions for additional information applicable to your use of our Website. By accessing or using any areas of our Website, you expressly consent to the provisions of the Privacy Policy and to our collection, storage, use and disclosure of information obtained from you as described in this Privacy Policy.

The Information We Collect

You do not have to give us personally identifiable information in order to access and browse our Website. However, while on our Website, you may be able to order and buy products, enter promotions, sweepstakes or other contests, participate in a survey, complete a questionnaire or other "information request" form, or otherwise communicate with us, including via email and/or SMS/text messaging. In order to utilize, participate in or otherwise access such products, services or other offerings, you may be required to provide us with your personally identifiable information, which is information that, alone or in combination with other information, allows us to identify you, such as your name, address, phone number, email address, contact preferences, credit card information, financial information or information relating to a support or service issue. If you provide us with your personally identifiable information, you are giving us permission to use that information for the specific purpose for which it is provided and for any other purpose described in this Privacy Policy, which are described in detail below under "How We Use the Information". Users unwilling to provide personally identifiable information online can choose not to provide such information, and in some (but not all) situations users may be able to work with a sales representative or customer service representative to utilize our services or other site offerings without providing personally identifiable information. In addition, if you do provide us with your personally identifiable information, you have the ability to prevent us from sharing your information with third parties if you wish, as described below under "Your Options Regarding Personally Identifiable Information".

We also may collect, store and use certain non-personally identifiable information we receive when you visit our Website or otherwise communicate with us, including via email and/or SMS/text messaging, and we may aggregate data and information provided by or collected from multiple users (which may include you) in a manner that is not personally identifiable to any individual user. All non-personally identifiable information we collect and all aggregated/compilations of data we create are our exclusive property. Nothing in this Privacy Policy limits our right to use any such non-personally identifiable or aggregated information in any way (including, but not limited to, monitoring user traffic patterns, analyzing and quantifying user preferences, improving the design and content of our Website, and enabling us to personalize your user experience) or prohibits us from sharing non-personally identifiable or aggregated information with third parties.

How We Use the Information

Information about our customers is an important part of our business, and we share personally identifiable information collected on our Website with unaffiliated third parties only as described below. (Please see "Your Options Regarding Personally Identifiable Information" below for information on how to avoid having your personally identifiable information shared by us.)

  • Business Providers, Unaffiliated Businesses: At times, we may provide products, services or offerings on our Website in cooperation with an unaffiliated third party. We may share personally identifiable information that you provide in connection with any such products, services or offerings with the unaffiliated third party(ies) involved in your particular product, service or offering. For instance, when you express interest in products, services or other items that we offer (for example, by completing a request for or information regarding such services), we will share your request with the businesses with which we partner to offer you those products, services and other offerings (collectively, "Business Providers"). By electing to participate or otherwise expressing interest in any such product, service or offering conducted in conjunction with any Business Provider, you expressly authorize us to provide your personally identifiable information to those Business Providers. Please be aware that the Business Providers with whom we share your personally identifiable information may retain or use your information whether or not you use their services, and the privacy and information sharing practices of such Business Providers may differ from those described in this Privacy Policy. Additionally, we may share personally identifiable information with unaffiliated third parties to whom you expressly ask us to send your information. If you prefer not to be contacted by any such Business Provider or other third party with whom we share your personally identifiable information, you may follow the "unsubscribe" instructions provided in any email you receive from any such third party. In addition, you may opt-out of our sharing your personally identifiable information with Business Providers and other third parties or request removal of data by emailing us at askus@hdutica.com.
  • Third Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples may include fulfilling orders, sending postal mail and email, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments and providing customer service. In connection with their performance of these functions on our behalf, we may share personally identifiable information with such companies and individuals as needed for them to perform their functions.
  • In-House Promotions: We may on occasion combine information we receive online with outside records to enhance our ability to market our products and services that may be of interest to you. If you have signed up to receive our emails or SMS/text messages and prefer not to receive marketing information from us, please follow the "unsubscribe" instructions provided on any marketing email you receive from us or contact us at askus@hdutica.com.
  • Protection of Our Website and Others: We reserve the right to release personally identifiable information to unaffiliated third parties when we believe its release is appropriate to comply with the law, enforce or apply our Website Terms and Conditions and other agreements, or protect the rights, property or safety of our company, our users or others. This includes exchanging information with other unaffiliated third parties in connection with fraud protection and credit risk reduction.
  • Business Transactions: In addition, we may also disclose your personally identifiable information in connection with reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including accounts) for the purpose of evaluating and/or performing the proposed transaction (including in connection with any bankruptcy or similar proceedings). These purposes may include, as examples, permitting such parties to determine whether to proceed or continue with the transaction, fulfilling any reporting or audit requirements to such parties, and/or disclosing personal information as part of concluding a sale or transfer of assets. Our successors and assigns may collect, use and disclose your personal identifiable information for substantially the same purposes as those set out in this Privacy Policy. In the event the transaction does not go through, we will require, by contract, the other party or parties to the transaction not to use or disclose your personally identifiable information in any manner whatsoever for any purpose, and to return or destroy such personally identifiable information.
  • With Your Consent: Other than as set out above, you will receive notice and have the opportunity to withhold consent when personally identifiable information about you might be shared with unaffiliated third parties.

Your Options Regarding Personally Identifiable Information

Except where we believe the release of your personally identifiable information is necessary or appropriate (a) to allow third party service provider functions on our behalf or (b) to comply with law, enforce or apply our Website Terms and Conditions and other agreements, or protect the rights, property or safety of our company, our users or others, you may opt out of our sharing of your personally identifiable information with unaffiliated third parties or request removal of data by emailing us at askus@hdutica.com.

Your California Privacy Rights

If you are a California resident, you may have the right to request and receive information about disclosure of your personally identifiable information to third parties for their direct marketing purposes. Because it is our policy not to share your personally identifiable information with third parties for third-party direct marketing purposes without your consent, we are exempt from the requirement to respond to such requests. If you have any questions about our compliance with this requirement, please contact us at askus@hdutica.com.

Third Party Online Advertising

We use third-party advertising companies to provide advertisements to you when you visit our Website. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to show you advertisements tailored to your interests on this and other websites and other interactive media and/or to keep track of your response to each ad. For more information on this practice, or to opt out of having this information used by these companies, please visit the Network Advertising Initiative here.

Use of Cookies

"Cookies" are simple text files stored on your computer for use by a browser. Certain Website features may only be available through the placement of a cookie. We may use "cookies" to assist in data collection and to track visitor Website usage and trends to help us better serve our customers. The use of cookies is a standard practice among Internet Websites; most Internet browsers permit a user to accept, decline or delete cookies.

Collection of Information by Third-Party Sites and Ad Servers

Our Website may contain links to other websites whose information practices may be different than ours. Our Terms and Conditions, Privacy Policy and procedures may or may not be consistent with the policies and procedures of such third party websites, and when you visit such websites our Terms and Conditions and Privacy Policy do not apply to personally identifiable information and other data collected by such third party. You should consult, read and understand the privacy notices of such third parties before choosing to provide personally identifiable information on any such linked websites.

Our Website may also use a third party ad server to present the advertisements that you may see on our Website. These third party ad servers may use cookies, Web beacons, clear .gifs or similar technologies to help present such advertisements, and to help measure and research the advertisements' effectiveness. The use of these technologies by these third party ad servers is subject to their own privacy policies and is not covered by our Privacy Policy.

Do Not Track Signals and Similar Mechanisms

Some browsers incorporate a “Do Not Track” (“DNT”) feature that, when turned on, signals to websites with which they communicate that you do not want to be tracked. Because there is not yet an accepted standard for how to respond to a DNT signal, we do not currently respond to DNT signals on our Website. Instead, as described above in this Privacy Policy you can manage how your information can be used by us and/or third-party service providers.

Our Commitment to Security

We have in place what we believe to be reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the personally identifiable information you have provided or that we otherwise collect on our Website. However, while such efforts are intended to ensure the confidentiality of your personally identifiable information available to us as a result of your use of our website, we cannot and do not warrant or guarantee the absolute safety and security of your personally identifiable information.
It is important for you to protect against unauthorized access to your password, your computer and your mobile device(s). Be sure to sign off when finished using a shared computer. Additionally, change your passwords often using a combination of letters and numbers, and make sure you use a secure Web browser.

How You Can Access or Correct Information

You may obtain information regarding the personally identifiable information that you provide or we collect about you via our Website to view and correct any factual errors in such information. Access to personally identifiable information that you provide or we collect via our Website may be accessible for a limited period of time after the point of collection. For example, if you created a password-protected account within our Website, you may return to that portion of the Website to review the personally identifiable information you provided. Alternatively, you may request information about or corrections to your personally identifiable information by sending an email or letter to the following street or email address: 4870 Commercial Drive, New York Mills, NY 13417 or askus@hdutica.com.

Accessing our Website from Outside the United States

This Website is designed for, and intended to be used exclusively by, individuals who reside within the United States. If you are visiting our Website from a location outside the United States, such as the European Union, the information you provide to us will be stored on servers located in the United States and will be subject to the laws of the United States, and the laws of the United States may differ from the laws of the country in which you reside. We do not endeavor to comply with the privacy and security laws that may be applicable to the country in which you reside, such as the General Data Protection Regulation if you reside in a country located in the European Union. If you are a resident of a country in the European Union and choose to provide us with your personally identifiable information, such as, by submitting an inquiry, you understand that the information submitted will be governed only by the privacy and security laws of the United States.
By using this Website and/or providing us with your personally identifiable information, you (a) consent to the transfer and/or processing of your information in the United States, (b) acknowledge that United States law may provide a lower standard of protection for your personal data than the laws of your location, and (c) understand that we collect, transfer, store, process and/or deal with your information in accordance with this Privacy Policy and United States law. Any claims relating to the processing of your personally identifiable information in accordance with this Privacy Policy will be governed only by the laws of the United States.

Usage Terms

Access to and use of this Website is subject to compliance with this Website's Terms and Conditions.

Unsubscribe Requests

To unsubscribe from email communications from us, please follow the "unsubscribe" instructions provided on any marketing email you receive from us or contact us at askus@hdutica.com.

Special Note for Parents

This Website you are visiting is a general audience website and was not designed for children. We are not responsible for any access or use of this Website by children. (By way of example, this Website is not intended to sell products for purchase by children.) If you are under 18, you may use our Website only with the involvement of a parent or guardian.

Disclaimer

As noted in this Privacy Policy, we take our commitment to protection of your privacy seriously. However, nothing in this privacy policy is intended to create or provide any right of action for violation.

Miscellaneous

Access to and use of this Website is subject to compliance with this Website's Terms and Conditions.

This Privacy Policy is governed by the laws of the United States You hereby consent to the exclusive jurisdiction and your respective venue of state and federal courts in the United States, for all disputes arising out of or relating to this Privacy Policy.

You agree that any and all causes of action arising out of or relating to this Privacy Policy shall be resolved individually, without resort to any form of class action.

If for any reason a court of competent jurisdiction finds any provision of this Privacy Policy, or portion thereof, to be unenforceable, all other terms and conditions shall remain in full force and effect

Changes to this Privacy Policy

We reserve the right to make changes to our Privacy Policy from time to time for any reason. Such changes, modifications, additions or deletions shall be effective immediately upon posting, unless otherwise indicated. In the event of any changes to this Privacy Policy that materially impact your rights or obligations, we will notify you by posting a notice on our Website. We encourage you to periodically check back and review this Privacy Policy so that you always will know what information we collect, how we use it and to whom we disclose it. The Effective Date is identified at the top of this Privacy Policy, this is the date the Privacy Policy was most recently revised.

Questions

If you have any questions, please contact us at askus@hdutica.com.

California Privacy Notice

Effective Date: January 1, 2020

This California Privacy Notice supplements the information contained in our general Privacy Statement and applies solely to those visitors, customers and users that are residents of the State of California (“consumer” or “you”).  Harley-Davidson of Utica (“we”, “us” or “our”) adopts this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”), as amended, and other California privacy laws.  Any terms defined by the CCPA have the same meaning when used in this notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). Personal information does not include publicly available information, deidentified information, aggregate information, or any information protected by other privacy laws and otherwise excluded from the scope of the CCPA.

This table identifies the categories of personal information we have collected directly or indirectly from our consumers within the last 12 months:

Category Examples Collected

A. Identifiers

Real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver's license number, passport number, or other similar identifiers

Yes

B. Personal information listed in the California Customer Records statute

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information

Yes

C. Protected classification characteristics under California or federal law

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information)

Yes

D. Commercial information

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies

Yes

E. Biometric information

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data

No

F. Internet or other similar network activity

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement

Yes

G. Geolocation data

Physical location or movements

No

H. Sensory data

Audio, electronic, visual, thermal, olfactory, or similar information

No

I. Professional or employment-related information

Current or past job history or performance evaluations

Yes

J. Non-public education information (as defined by the Family Educational rights and Privacy Act)

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records

No

K. Inferences drawn from other personal information

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

No

How We Use Your Information

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

  • To fulfill the reason you provided the information (e.g., to provide more information on a vehicle or contact you regarding any service appointments);
  • To provide you with the products and services you request;
  • To operate, support, personalize, and develop our Website;
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses;
  • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website and via email or text message (with your consent, where required by law);
  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets;
  • For testing, research, analysis, and product development, including to develop and improve our Website, products, and services;
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA; or
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our customers is among the assets transferred.

Sharing Personal Information

We may disclose your personal information for a business purpose to third parties such as our subsidiaries and affiliates, as well as non-affiliated third parties with whom we partner to offer products and services to you.

In the preceding 12 months, we have disclosed the following categories of personal information for a business purpose to the third parties identified above:

  • Category A. Identifiers
  • Category B. Personal information listed in the California Customer Records statute
  • Category D. Commercial information
  • Category F. Professional or employment-related information

In the preceding 12 months, we have not sold any personal information.

Your CCPA Privacy Rights and Choices

If you are a California resident, the CCPA provides you with additional rights regarding our use of your personal information. This section describes your CCPA rights and explains how to exercise those rights.

(1) Right to Access Your Information

You have the right to request that we disclose certain information to you about our collection and use of your personal information during the 12 month period preceding your request. Once we receive and verify your request, we will disclose to you the information that you request and we are obligated to provide under the CCPA, which may include:

  • The categories of personal information we have collected about you;
  • The categories of sources from which we collected your personal information;
  • Our business or commercial purpose for collecting your personal information;
  • The categories of your personal information we have disclosed for a business purpose;
  • The categories of third parties with whom we share your personal information;
  • The specific pieces of personal information we have collected about you; and
  • The categories of personal information we have disclosed for a business purpose and the categories of third parties to whom we disclosed such information.

(2) Right to Request Deletion

You have the right to request that we delete some or all of the personal information that we have collected from you, subject to certain exceptions. Once we receive and verify your request, we will delete (and direct our service providers to whom we have furnished that information to also delete) your personal information from our (and their) records. With respect to the exceptions, we may deny your deletion request in whole or in part if retaining your personal information is necessary for us or our service providers to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  3. Debug products to identify and repair errors that impair existing intended functionality;
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
  5. Comply with the California Electronic Communications Privacy Act;
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent;
  7. Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
  8. Comply with a legal obligation; or
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

(3) Right to Opt-Out

You have the right to direct a business not to sell your personal information at any time. Because it is our policy not to sell your personal information, we are exempt from providing any mechanism for you to exercise this right.

(4) Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not deny you services, charge you different prices for any services, or provide you with a different level or quality of services.

Exercising Your Rights

You may request that we disclose or delete your personal information, as described above, by submitting a verifiable consumer request to askus@hdutica.com. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your information. You may only make a verifiable consumer request for access twice within any 12-month period. Your verifiable consumer request must:

  1. Describe your request with sufficient detail so that we may understand, evaluate, and respond to it, and
  2. Include your name and any email address or phone number you have provided to us, so that we may verify your identity.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and then confirm the personal information requested relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Additional California Privacy Rights

Under California’s "Shine the Light" law, you may also have the right to request and receive information about disclosure of your personally identifiable information to third parties for their direct marketing purposes. Because it is our policy not to share your personally identifiable information with third parties for third-party direct marketing purposes without your consent, we are exempt from the requirement to respond to such requests.

If you have any questions about this California Privacy Notice, please contact us at askus@hdutica.com.