Privacy Policy

This statement is effective as of December 15, 2022.

Last updated on January 26, 2023

Introduction

Thank you for your interest in NextGear Capital, a Cox Automotive, Inc. business. When we refer to NextGear Capital within this Privacy Statement, we are referring to NextGear Capital, Inc. and its various subsidiaries, affiliates, and associated products (collectively, “NextGear Capital,” “we,” “our,” or “us”). We respect the privacy of our users when they use our websites, mobile and other online applications and products and services (collectively, the “Sites”). We are a business-to-business dealer finance provider that offers state-of-the-art online and mobile account management tools, title services, records management and collateral protection products and services. Our Service is not intended for consumers. Services offered by the Sites are not directed to individuals under the age of eighteen (18). If you are under eighteen (18), you should not provide any personal information to us. By using the Sites, you consent to the use of your information and information about you in accordance with this Privacy Statement. If you do not agree, do not access the Service.

This Privacy Statement applies to information collected through the Sites and does not describe the collection, use and disclosure practices of any of our corporate affiliates or third parties. However, the Sites may utilize information from corporate affiliates, third parties, and other publicly available information. For information on the collection, use and disclosure practices of any company with whom you are doing business, whether or not affiliated with NextGear Capital, please review their privacy policies.

This Privacy Statement covers:

  • Information We Collect
    • Information You Provide
    • Automated Information
    • Data Technologies
    • Videos
    • Location Information
    • Publicly Posted Information
    • Combined Information and Information from Other Sources
  • How We May Use the Information We Collect
  • Applications, Widgets and Social Media
  • Advertising Networks
  • Information We Share
    • Affiliates and Dealers
    • Our Service Providers
    • Corporate and Asset Transactions
    • Other
  • Your Choices
  • Access and Correction
  • Links
  • Data Security
  • Disputes
  • Updates to this Privacy Statement
  • How to Contact Us
  • Your California Privacy Rights

The Information We Collect

Information is gathered from the Sites by us, our service providers, advertisers, sponsors and partners.

Information You Provide. We may collect information that you choose to provide on the Site (which may include your name, address, telephone number, email address, dealer or company name, social security number or other valid government-issued identification number, credit information, bank account, payment and other financial information) in a variety of ways, such as when you:

  1. Register for one of our products or services;
  2. Use our services to purchase a vehicle or engage in any other transaction on or through the Sites; and
  3. Provide payment information or authorize electronic ACH transfers or other payments;

Automated Information. Information regarding your use of the Sites may be collected and/or aggregated through the use of automated means. This automatically collected information may include information such as:

  1. Your IP address, the type of browser and operating system used;
  2. Date and time you access the Sites and pages you visit, and if you linked from or to another website, the address of that website;
  3. Email you open and links you click on within those emails; and
  4. Your ISP or mobile carrier, and the type of handheld or mobile device that you used.

Data Technologies. Various technologies are used to automatically collect information, such as cookies, local shared objects, and web beacons (generally referred to as “Data Technologies.”) “Cookies” are small identifiers sent from a web server that are stored on your device for the purpose of identifying your browser or storing information or settings in your browser. “Local shared objects,” sometimes known as Flash cookies, may be used to store your preferences or display content based upon what you have viewed on various websites to personalize your visit. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies. Anonymous advertising identifiers are increasingly being used on mobile devices and otherwise in a manner similar to cookies. When we refer to Data Technologies, we are including all current and similar future technologies.

One or more Data Technologies may be used on the Sites and other websites and mobile applications (that may not be the Sites) by us, by another party on our behalf, or by third parties in accordance with their privacy policies. Data Technologies may be used by us and others, on our behalf and on their own behalf, to transmit information to you or about you and connect information about you from different sources, websites, devices, and mobile applications.

We may use a uniquely generated trackable toll-free telephone number on the Sites or in advertisements. If you call one of these uniquely generated toll-free numbers, we (or a service provider acting on our behalf) may collect non-personally identifiable information about the call (e.g. date, time, duration).

Videos. We may target and track the videos you view on the Sites. You consent to our tracking of your video viewing through the Site or third-party social media for up to two years or as permitted by applicable law.

Location Information. We may collect physical location information that is sufficiently precise to allow us to locate a specific person or device (“Location Information”). We only collect Location Information with your permission (e.g., such as when you agree to provide it to us after initial access to or downloading our App). We may use Location Information and provide it to third parties to provide you with content and services that are relevant to a particular location, such as advertising, search results, auctions in the area, and directions.

Publicly Posted Information. Information that you make available to us and others via social media networks, forums, blogs, list serves, chat rooms or similar functionality is public information that we or others may share or use in accordance with the law.

Combined Information and Information from Other Sources. We may combine information that you provide to us with information we receive from our affiliates and other sources, as well as with other information that is automatically collected. The combined information may include information about your use of the Sites, your use of other websites, devices and mobile applications and information from our affiliates and other sources.

How We May Use the Information We Collect

We may use information we collect for the following purposes:

  1. For everyday business purposes, such as establishing and managing your user account, providing products and services you request, and providing customer support;
  2. To offer our other products or services and/or the products or services of others to you;
  3. To communicate about, and administer your participation in, special events, programs, surveys, contests, sweepstakes and other offers or promotions;
  4. To enable you to interact with the Sites and our users, auctions, and others through various means, such as through our message boards, blogs and social media;
  5. To evaluate and improve our business, including developing new products and services and analyzing the effectiveness of products, services, applications and websites;
  6. To diagnose and address technical and service problems;
  7. To perform data analyses, including market and consumer research, trend analysis, demographic analysis and financial analysis;
  8. To deliver content (including advertising) correlating to your interests and browsing and usage history, both within the Sites and on other websites and applications;
  9. To comply with applicable legal requirements and our policies;
  10. To provide vehicle sale information, transaction data and other information and material to affiliates and third parties;
  11. To contact you via telephone, text or chat (and by using the Site and agreeing to the Terms of Use, you agree to be contacted by NextGear Capital by telephone, text or chat at any number or other contact information that you may provide or make available on or through the Site);
  12. We may receive consumer personal information from dealers, auctions, auditors, and other third parties as part of the services they provide to their customers. Certain information may be deleted by us within 14 business days and is not sold, processed or shared before then other than in accordance with the dealer’s instructions.

Applications, Widgets and Social Media

We may include applications or widgets from social media providers that allow interaction or content sharing by their users. These widgets, such as a Facebook “Share” or “Like” button, are visible to you on the web page you visit. Integration between the Sites and social media networks such as Facebook, Twitter and others may allow social media networks in which you participate to collect information about you, even when you do not explicitly activate the network’s application or widget. Please visit the applicable social media network’s privacy policy to better understand their data collection practices and choices they make available to you. The privacy policy of the social media network controls the collection, use and disclosure of all personal information transmitted to that network.

Advertising Networks

Advertising that is customized based on predictions generated over time from your visits across different websites, devices and mobile applications is sometimes called “online behavioral” or “interest-based” advertising. We may partner with advertising networks, which are companies that deliver targeted advertisements to consumers and generate statistics and metrics related to the delivery of interest-based advertisements. They may utilize information collected through a variety of Data Technologies to provide customization, auditing, research and reporting for us, our affiliates and other advertisers. This data collection takes place both on the Sites and on third-party’s websites and mobile applications. This process allows the Sites and third parties to deliver targeted advertising, enhance marketing programs and help track the effectiveness of such efforts. Our advertising networks also may use this information for determining or predicting the characteristics and preferences of their respective advertising audiences and measuring the effectiveness of their advertising in accordance with their privacy policies.

We do not provide information that is directly associated with a specific person (such as name and address) to an advertising network when you interact with or view a customized advertisement. However, when you view or interact with an advertisement, the advertiser may make an assumption that you are interested in the subject matter of the advertisement.

Information We Share

We do not sell or otherwise share information about you that we collect or receive, except as described below:

  1. Affiliates, Dealers, Franchisors and Manufacturers. Information collected, including personal information collected using Data Technologies, may be shared with affiliates, auctions, dealers, franchisors and manufacturers, and third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you, who will use that information in accordance with their own privacy policies.
  2. Our Service Providers. We may engage third parties to provide the services offered through or in connection with the Sites on our behalf. We require such providers to maintain information about you as confidential and to use the information only to perform the services specified by us in a manner consistent with this Privacy Statement.
  3. Corporate and Asset Transactions. If we sell all or substantially all of our business or sell or transfer all or a material part of our assets, or are otherwise involved in a merger or transfer of all or a substantial part of our business (including any sale or transfer that may take place as part of or in connection with any bankruptcy or insolvency proceeding), we may transfer all information we have collected and stored, including personal information, to the party or parties involved in the transaction as part of that transaction.
  4. Access to Databases. In addition to all of the disclosures described above, we may also allow others to search some of our databases and to analyze the data they find there or aggregate it with other data, either for their business purposes or ours.
  5. Other. We may access or disclose information, including personal information, to:
    1. Protect or defend our interests and the legal rights or property of NextGear Capital and our affiliates;
    2. Protect the rights, interests, safety and security of users of the Sites or members of the public;
    3. Protect against fraud or for risk management purposes; or
    4. Comply with prudent legal practice as we may determine, and applicable law or legal process.

Your Choices

You are entitled to make certain choices about how we communicate with you.

  1. You may choose not to provide personal information, even though that might impact your ability to register or open an account on the Sites or receive a particular product or service.
  2. If you do not want to receive marketing email from the Sites, you can follow the unsubscribe link provided in those emails.
  3. You have a number of choices regarding certain Data Technologies. Most web browsers automatically accept cookies, but you can usually modify your browser’s setting to decline cookies if you prefer. You may also render some web beacons unusable by rejecting their associated cookies and disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or opting out at Ghosteryenterprise.com or the website of the technology provider. If you choose to decline cookies or similar technologies, however, please note that certain features on the Sites may not function properly or at all as a result. You may be able to adjust the use of advertising identifiers on mobile devices through the settings on your device. Finally, if you do not want to use a uniquely generated telephone number, you may choose to not call us.
  4. If you do not want us to use Location Information, you can decline our initial invitation to provide that information or opt out by changing the location services settings on your mobile device. However, please note that certain features may not function properly or at all as a result if you opt out.

Data Transfers

We may transfer the personal information we collect about you to countries other than the country in which the information originally was collected. Those countries may not have the same data protection laws as the country in which you initially provided the information.

The Sites may contain links to websites not operated by us, as well as third party widgets and applications discussed above. Once you leave the Sites, we suggest that you review the applicable privacy policy of the third-party website or application. We are not responsible for the content or use of any websites or applications other than on the Sites or the privacy practices of those websites or applications.

Data Security

The security of your information is important to us. Cox Automotive has implemented reasonable security measures to protect the information, both during transmission and once it is received, including without limitation, use of firewalls, application controls and monitoring. No method of electronic storage or transmission over the Internet is 100% secure. While Cox Automotive strives to use commercially reasonable means to protect your information, we cannot guarantee complete security. If you have any questions about these security practices, please email us at privacy@coxautoinc.com.

Disputes

If you choose to visit the Sites, your visit and any dispute regarding privacy is subject to this Privacy Statement and the Visitor Agreement or Terms of Use applicable to each Site, including limitations of liability, arbitration and dispute resolution provisions and provisions relating to governing law or jurisdiction or venue that may be included in any of the foregoing.

Updates to this Privacy Statement

We may update this Privacy Statement to provide clarification or notice of changes to our practices. We will provide you with notice of material changes by posting notice of the changes on the Site, or by providing you with notice by email or when you log into your account on the Site. By using our Sites on or after the effective date of any such amendment, you agree that your use, and any dispute over privacy, is governed by this Privacy Statement, as amended.

How to Contact Us

If you have any questions or comments about this Privacy Statement, or if you would like us to update information we have about you or your preferences, please contact us by email at privacy@coxautoinc.com.

Your California Privacy Rights

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Statement of NextGear Capital, Inc. and its subsidiaries (collectively, “we,” “us,” or “our”), a Cox Automotive, Inc. company, and applies solely to consumers who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act (“CCPA), the California Privacy Rights Act (“CPRA”) and other California privacy laws (hereinafter the “California Privacy Laws”).  Any terms defined in the CCPA and CPRA have the same meaning when used in this notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual consumer, household, or device (“personal information”) in the context of our business customers and partners.  We have collected the following categories of personal information from consumers within the last twelve (12) months:

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from our customers or their agents. For example, from documents that our clients provide to us related to the services for which they engage us.
  • Indirectly from our clients or their agents. For example, through information we collect from our clients in the course of providing services to them.
  • Directly and indirectly from activity on our Sites. For example, from submissions through our website portals or website usage details collected automatically.
  • From third-parties that interact with us in connection with the services we perform.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose.  When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

  • Category A: Identifiers.
  • Category B: California Customer Records personal information categories.
  • Category D: Commercial Information.
  • Category K: Inferences drawn from other personal information.
  • Category L: Sensitive Personal Information.

We disclose your personal information for a business purpose to the following categories of third parties:

  • Our affiliates.
  • Service providers.
  • Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

In the preceding twelve (12) months, we have sold the following categories of personal information:

  • In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices

The California Privacy Laws provide California residents with specific rights regarding their personal information. This section describes your California privacy rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).

California Civil Code Section 1798.83 entitles California users to request information concerning whether a business has disclosed certain information about you to any third parties for the third parties’ direct marketing purposes. California users who wish to request further information in compliance with this law or have questions or concerns about our privacy practices and policies may contact us as specified in the “How to Contact Us” section below.

Right to Limit Use and Disclosure of Sensitive Personal Information

We do not own sensitive personal information, and only use this information as provided to us to perform services on behalf of another business. You have the right, at any time, to direct us to limit your sensitive personal information to that use which is necessary to perform the services reasonably expected by an average consumer who requests those services. We may decline to limit the use and disclosure of sensitive personal information for the following reasons:

(1) To perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services.

(2) To prevent, detect, and investigate security incidents that compromise the availability, authenticity, integrity, and or confidentiality of stored or transmitted personal information, provided that the use of the consumer’s personal information is reasonably necessary and proportionate for this purpose.

(3) To resist malicious, deceptive, fraudulent, or illegal actions directed at the business and to prosecute those responsible for those actions, provided that the use of the consumer’s personal information is reasonably necessary and proportionate for this purpose.

(4) To ensure the physical safety of natural persons, provided that the use of the consumer’s personal information is reasonably necessary and proportionate for this purpose.

(5) For short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of a consumer’s current interaction with the business, provided that the personal information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business.

(6) To perform services on behalf of the business, provided that the use of the consumer’s personal information is reasonably necessary and proportionate for this purpose.

(7) To verify or maintain the quality or safety of a product, service, or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured by, manufactured for, or controlled by the business, provided that the use of the consumer’s personal information is reasonably necessary and proportionate for this purpose.

(8) For purposes that do not infer characteristics about the consumer.

Correction Request Rights

You have the right to request that we correct inaccurate personal information, taking into account the nature of the personal information and the purposes of the processing of the personal information. Once we receive and confirm your verifiable consumer request, we shall use commercially reasonable efforts to correct the inaccurate personal information, pursuant to California Civil Code Section 1798.130 and regulations adopted pursuant to paragraph (8) of subdivision (a) of Section 1798.185.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected about you and retained, subject to certain exceptions in the California Privacy Laws. Once we receive and confirm your verifiable consumer request, we will delete your personal information from our records, unless an exception applies, and we will direct our service providers to similarly delete your personal information from their records.

Exercising Access, Data Portability, Limiting Use of Sensitive Personal Information, Correction and Deletion Rights

To exercise the access, data portability, limiting use of sensitive personal information, correction and deletion rights described above, please submit a “verifiable consumer request” (defined below) to us by either:

Only you or someone you authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

A verifiable consumer request must:

  • Provide enough information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
  • Describe your request with enough detail that allows us to properly understand, evaluate, and respond to it.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period.

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 confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Notice to Cox Automotive Employees

If you are a current employee or contractor (with CEI Systems access) of CEI, you may view our California Workforce Member Privacy Notice (Internal) under “Policies and Guidelines” through InsideCox. If you are a job applicant, you may view our California Applicant Privacy Notice by visiting the CEI Careers page here. If you are a former employee, retiree, beneficiary, dependent, former contractor, or current contractor (without CEI system access) of CEI, you may view our California Workforce Member Notice (External) by visiting our main page here.

Non-Discrimination

We will not discriminate against you for exercising any of your rights under the California Privacy Laws. Unless permitted by the California Privacy Laws, we will not deny you goods or services, charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, provide you a different level or quality of goods or services, suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services; or retaliate against an employee, job applicant, or independent contractor.

Contact Information

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under state privacy laws, please do not hesitate to contact us at:

Website: NextGearCapital.com
Email: privacy@coxautoinc.com
Postal Address: Cox Automotive, Inc.
Attn: Scott Hilsen, Chief Compliance & Privacy Officer
6205 Peachtree Dunwoody Rd. NE
Atlanta, Ga 30328