%> Print this page

Privacy Policy and Terms of use

PRIVACY STATEMENT AND YOUR PRIVACY RIGHTS

Effective Date: October 7, 2019 

This Privacy Statement (“Privacy Statement” or “Agreement”) is made by and between JM Family Enterprises, Inc., its subsidiaries and other affiliates (“JMFE”) and you, and explains what information we collect about you, what we do with it and how you can control your information. The Privacy Statement sets forth the terms and conditions that apply to your access and use of the Internet websites owned by JM Family Enterprises, Inc., located at the URL www.jmfamily.com and go.jmfamily.com (the “Websites”).

This Privacy Statement constitutes a binding agreement between you, as a user of our Websites, and us, as the owner of the Websites. BY USING our websites, OR ACCESSING OR REGISTERING ON OUR WEBSITES, YOU ARE CONSENTING TO THE TERMS OF THIS PRIVACY STATEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY STATEMENT, PLEASE DO NOT USE, ACCESS, OR REGISTER ON OUR WEBSITES.

Your use of our Websites is also expressly subject to our Terms of Use.

What We Collect

We collect information from you and your devices. We also receive information about you from third parties. We collect two types of information about you: “Personal Information” and “Non-Personal Information.”

Personal Information” is data that can be used to uniquely identify or contact you. “Non-Personal Information” includes technical data that, alone, cannot be used to identify you and includes information about how you access and use our Websites. Please note that over time, non-personal information may become personal information due to regulatory developments, technological advancements, or the co-mingling of personal and non-personal information. Specifically, we collect the following information in the following ways:

  • Registering with our Websites: We may collect personal information (which may include first and last name, home or other physical address, e-mail address, telephone number, driver’s license number account number(s) at a bank or financial institution, and job history information) about you or others when you voluntarily submit it to us, for example, as part of a job application or when you join a mailing list.
  • Requests for information: If you submit feedback, questions or requests for information about our products and services, we may request your name, mailing address, telephone number and email address in order to respond to your inquiries. 
  • Website browsing information:  When you visit any website, including our Websites, your browser may automatically send certain information such as browser type, browser language preference, operating system, internet service provider, IP address, device identification number, geo-location data, and online browsing data (like date and time of access to our website, referring website address, pages viewed, features used, links clicked, and other actions you take in connection with the website, sometimes referred to as “clickstream data”).
  • Tracking information: When you visit our Websites, automated collection tools such as “cookies” and “web beacons” may gather Non-Personal Information about your visit and your computer.
    • cookie is a small text file stored on your computer that lets us know whether you’ve visited the website before as well as your navigation experience during your visit. Cookies may be used to facilitate your access to our Websites, enhance and personalize your online experience, and recognize your computer or your device.  
    • Web beacons are small graphics placed on our Websites and in email communications that may be used to measure the effectiveness of our Websites and email communications. Web beacons on our Websites may collect information about your visit, like the pages you view, the features you use, the links you click and other actions you take in connection with our Websites. Web beacons in our emails may track your interactions with those messages, such as when you receive, open, forward or click a link in an email message from us.
  • Google Analytics — To help facilitate the delivery of relevant content, we may use Google Analytics and Google Advertising Features, including Remarketing, Impression Reporting, Demographics, and Interest Reporting. Google Analytics uses cookies to report on user interactions on our Websites. We may use the data collected for optimizing marketing, refining advertising, and generally making advertising more effective. Google provides a complete privacy policy and instructions on opting out of Google Analytics here: http://www.google.com/intl/en/analytics/privacyoverview.html.
  • Adobe Analytics – We may also use Adobe Analytics.  For further information on Adobe Analytics and to opt out, please click here: http://www.adobe.com/privacy/opt-out.html.

We may tie non-personal information with personal information in order to provide you with customized recommendations, to help authenticate you or other data or information that you may provide, to prevent fraud and to ensure that our Websites meet your needs. When we tie non-personal information with personal information, it is considered “personal information” for the purposes of this Privacy Statement.

Why We Collect Information About You

We collect information about you primarily to provide services through the Websites, but also for other purposes that include but are not limited to:

  • Customize our communications with you and provide personalized content, offers, and advertising, including on our Websites, based on information collected through tracking tools.
  • Administrative purposes, such as to assist you with registration on our Websites and contact list or to respond to inquiries from you or notify you about information we believe may be useful to you.
  • Administer offers, promotions and surveys.
  • Communicate with you about industry-related issues.
  • Operate, evaluate, and improve our business (including developing new products, managing communications, determining the effectiveness of our sales, marketing and advertising, performing accounting, auditing, billing, reconciliation and collection activities, and analyzing and enhancing our products and branded websites).
  • Perform data analyses and other processing (including market and consumer research, trend analysis, and financial analysis).
  • Protect against, and identify, fraud and other criminal activity or to exercise our rights or defend legal claims.
  • Comply with applicable legal or regulatory obligations, including but not limited to, use in connection with legal claims, compliance, and regulatory or investigative purposes.
  • For other legitimate business purposes.

With Whom Do We Share Information About You?

  • Our Affiliates.  We may share your information with JMFE’s affiliates, including other subsidiaries of JMFE.
  • Partners & Other Third Parties. We may share your personal information with partner organizations and others with whom we work to provide our products and services. For example, if JMFE partners with a third-party for a joint service, we may share your information with that third party.
  • Others Working for Us.  We may share your information with third parties that perform services on our behalf, including running and analyzing our Websites or sending communications for us.
  • Other Third Parties, as Required by Law.  We may share your information with other third parties, such as law enforcement or other government entities: (1) if we believe there has been a violation of our website policies; (2) if we believe that someone may be causing injury to our rights or property, other users, or anyone else; (3) to respond to judicial process or to provide information to law enforcement; or (4) as required by law.
  • Corporate Restructure.  We may transfer information about you in the event of a liquidation, reorganization, merger, acquisition, consolidation, change of control, asset or stock acquisition/disposition or other corporate combination. Should such an event occur, we will use reasonable efforts to ensure the transferee uses your information in a manner consistent with this Privacy Statement.

We do not disclose personal information to third parties for their own direct marketing purposes.

How you can control your information

Opting-Out. You may opt out of receiving promotional or marketing material at any time by contacting chad.donaghue@jmfamily.com or by following the opt-out instructions included in the communications you receive. Your option not to receive promotional and marketing material will not preclude us from corresponding with you regarding your existing or past business relationships with us (e.g., use of our services or responses to requests for information to us either through use of our Websites or other means), and will not preclude us from accessing and viewing your information in the course of maintaining and improving our Websites and our services.

Your Browser Settings.  Your browser may give you the ability to control cookies or other tracking tools. The Help portion of the toolbar on most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie and how to delete existing cookies.  Note that if you choose to disable cookies, it is possible that some of our Websites’ features may not function properly.  For more information on deleting or controlling cookies, visit www.allaboutcookies.org.

Do Not Track Requests. Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals.

How We Protect Your Information

We do not sell, lease or rent information about you to non-affiliated third parties or entities for their marketing purposes.

We recognize the importance of maintaining the security of your information. We have implemented technical, administrative and physical security measures designed to protect your information from unauthorized access, disclosure, use and modification. Unfortunately, guaranteed security does not exist on the Internet or offline. We therefore cannot guarantee that your information will be free from unauthorized access by third parties. By using our Websites or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Websites. You understand and agree that we may post a notice on our Websites if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing via traditional postal mail.

Third-Party Websites

This Privacy Statement applies solely to information collected on our Websites. Our Websites may contain links to other Websites. We are not responsible for the privacy practices or the content of these other Websites.

International Data Transfers

If you choose to provide us with information, we may transfer that information to our affiliates or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the European Union (“EU”) or other regions with laws governing data collection and use that may differ from US law, please note that you are transferring your personal information to the US and other jurisdictions which may not have the same data protection laws as the EU. You acknowledge you understand that by providing your personal information: (i) your personal information will be used for the uses identified above in accordance with this Privacy Statement; and (ii) your personal information may be transferred to the United States and other jurisdictions as indicated above, in accordance with applicable law.

Choice

We do not have a process for you to review and request changes to your nonpublic personal information that is collected through our Websites.

How You Can Access or Correct Your Information

We do not have a process for you to view, update or correct your information.

Personal Information We May Receive from Third-Party Social Networking Websites

If you choose to access or use third-party social networking services (such as Facebook, Twitter, or Yelp), we may receive personal information about you that you have already made available to those services, including information about your contacts on those services.  JMFE will not sell such information or use the information in a manner that is inconsistent with this Privacy Statement. Your decision to use a social networking site to interact with us will always be voluntary.

User-generated Content and Public Profile Features

JMFE Websites may contain interactive areas where users might submit comments or other content (including information about the user that might be displayed in the user’s public profile within an online community) that may be posted on the Websites or otherwise published. Users who do this should be aware that when they voluntarily disclose Personally Identifiable Information (e.g., name, e-mail address, etc.) in content submitted for posting or publication, the information can be read and used by others. This may result in unsolicited messages from other posters or parties. We make no representations and undertake no obligations as to the security or use of information you voluntarily include when submitting content.

Former Customers’ Information

If you have an inactive or closed account(s) with us, we will continue to adhere to the practices described in this notice.

Children’s Privacy

Our Websites are not directed to children under the age of 13, and we do not knowingly collect Personal Information from children under the age of 13.

Privacy Rights

Pursuant to California Civil Code Section 1798.83, JMFE confirms that it does not disclose any person’s Personally Identifiable Information to third parties for their own direct marketing purposes.

California “Do Not Track” Disclosures

We do not track your on-line activity across other websites, nor do we knowingly permit any third-parties to conduct online tracking of you while you are visiting our Websites.  Our Websites do use web analytics services, which use cookies to analyze use patterns and may collect information about your use of the Websites, including your IP address.

Application of United States Laws

Our Websites are based on computers located in the United States, however, your Personally Identifiable Information may be stored both inside and outside of the United States.  While data protection and privacy regulations may differ in different parts of the world, as explained above, we maintain safeguards that comply with state and federal regulations to guard your nonpublic personal information.

Changes to This Privacy Statement

This Privacy Statement may be updated periodically and will be posted on our Websites, indicating when it was last updated. If there are material changes to our Privacy Statement, we will post a prominent notice on our Websites and/or provide other notice as required by law. Use of our Websites following such changes constitutes your acceptance of the revised Privacy Statement then in effect.





AGREEMENT OF TERMS OF USE

This agreement of terms of use (this "Agreement") is made as of this day, by and between JM Family Enterprises, Inc., its subsidiaries and affiliates (collectively, "JMFE") and you. This Agreement sets forth the terms and conditions that apply to your access and use of the Internet website owned by JM Family Enterprises, Inc., located at the URL www.jmfamily.com ("jmfamily.com").

Applicability of Agreement

This Agreement is intended to apply to you JMFE, and the website www.jmfamily.com.

Your Right to Access and Use jmfamily.com

The right to access and use jmfamily.com is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use jmfamily.com for lawful purposes and pursuant to the terms and conditions of this Agreement.

By accessing and using jmfamily.com (other than to read this Agreement), you agree to comply with all of the terms and conditions of this Agreement, including any changes or revisions to this Agreement, which JMFE, in its sole discretion, may make in the future.

Any action by you that, as determined by JMFE, in its sole discretion, restricts, inhibits or prevents you or any other user from accessing, using or enjoying jmfamily.com, such as impairing the operation of the site or distorting the material displayed, shall not be permitted, and may result in your loss of the right to access and use jmfamily.com.

Intellectual Property Rights

Images and/or videos of vehicles, people or places displayed on jmfamily.com are either the property of, or used with permission by, JMFE. The use of these images and/or videos by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement or specific permission provided elsewhere on jmfamily.com. Any unauthorized use of the images and/or videos may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on jmfamily.com, including, without limitation, the names "JM Family Enterprises, Inc.," "JM&A Group," "JM Lexus," "JM Service Center", "Southeast Toyota Distributors, LLC," "Southeast Toyota Finance," "World Omni Financial Corp." and their respective logos are registered and unregistered Trademarks of JMFE or its rightful owners. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on jmfamily.com without the written permission of JMFE or such third party owners of the Trademarks. Any use of third party Trademarks on jmfamily.com is done either by permission of the Trademarks’ owners, or as part of a "News" story or feature and subject to the Fair Use provisions of international, Federal, and State intellectual property laws. No special association or relationship is intended by such use, and its use should not be construed as granting JMFE any official status with any third party, unless otherwise noted. Your misuse of the Trademarks displayed on jmfamily.com, or any other content on jmfamily.com, except as provided in this Agreement, is strictly prohibited. You are also advised JMFE will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

The data and content contained on or downloaded from jmfamily.com (collectively, the "Content") are copyrighted by JMFE, which also own a copyright of a collective work in the selection, coordination, arrangement and enhancement of the Content.

Without the prior written consent of JMFE, you may only print, download or otherwise use the Content in the form of: (i) one machine-readable copy and (ii) one print copy, for your personal, non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of Content.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use other than personal, non-commercial use of the Content is permitted without the express prior written permission of JMFE or its licensors.

You agree that printing, downloading or otherwise using the Content in accordance with this Agreement does not entitle you to any ownership or intellectual property rights in the Content.

You shall be solely responsible for any damage resulting from your infringement of JMFE intellectual property, or any other harm incurred by JMFE as a direct or indirect result of your copying, distributing, redistributing, transmitting, publication or use for purposes other than personal, non-commercial use of the Trademarks or the Content that is contrary to the terms and conditions of this Agreement.

No Representations or Warranties Regarding Content

THE CONTENT IS BEING PROVIDED TO YOU ON AN "AS-IS" BASIS. JMFE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT, NOR THE SAFETY, RELIABILITY, TITLE, MERCHANTABILITY, CONFORMITY OR FITNESS OR A PARTICULAR PURPOSE OF THE CONTENT.

JMFE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY CONTENT AVAILABLE FOR DOWNLOADING FROM JMFAMILY.COM IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, PERKS, OFFERS OR OTHER INFORMATION OR CONTENT ON JMFAMILY.COM.

Links to Third Party Sites

jmfamily.com may contain links to third party Internet websites ("Linked Sites"). The Linked Sites are not under the control of JMFE and JMFE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. JMFE is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is JMFE responsible if the Linked Site is not working appropriately. JMFE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by JMFE of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Equipment and Related Costs

You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use jmfamily.com, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of jmfamily.com.

Termination of this Agreement

You may terminate or opt out of this Agreement at any time by contacting JM Family Enterprises, Inc. at info@jmfamily.com. Termination or opting out of this Agreement by you shall result in your loss of the right to access and use jmfamily.com.

JMFE may terminate this Agreement at any time, without prior notice, for any reason, or for no reason, which JMFE shall have no obligation to disclose to you.

Limitations on JMFE’s Liability

JMFE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A RESULT OF:

 (i) YOUR ACCESS AND USE OF JMFAMILY.COM;
 (ii) YOUR DOWNLOADING OF ANY CONTENT FOR YOUR PERSONAL, NON-COMMERCIAL USE;
 (iii) YOUR DOWNLOADING OF ANY CONTENT AS MAY BE PERMITTED BY JMFE BY JMFE'S PRIOR WRITTEN PERMISSION REGARDING THE SAME; OR
 (iv) YOUR RELIANCE OR USE OF CONTENT DISPLAYED, OFFERED, PROMOTED OR ADVERTISED ON JMFAMILY.COM.

To the extent that a state does not permit the exclusion or limitation of liability set forth herein, JMFE’s liability is limited to the maximum extent permitted by law in such state.

Indemnification

You shall defend, indemnify and hold harmless JMFE and each of its respective officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; and (ii) any access or use of jmfamily.com.

Third Party Rights

This Agreement is for the benefit of JMFE, its subsidiaries, affiliates, and third party licensors, each of which shall have the right to enforce and assert the terms and conditions of this Agreement directly against you on its behalf.

Amendments

JMFE reserves the right to amend this Agreement at any time. Changes, revisions or deletions with regard to this Agreement shall be effective immediately upon its inclusion in, or deletion from, this Agreement and the posting of the same in this Agreement on jmfamily.com.

To the fullest extent permitted under applicable law, your continued access and use of jmfamily.com following the posting of any such changes shall automatically be deemed your acceptance of the same. Therefore, you are encouraged to revisit this Agreement from time to time in order to review any changes that have been made.

Remedies

You acknowledge that JMFE may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, JMFE shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Broward County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and waive any objection to the setting of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Miscellaneous

This Agreement is to be governed and construed in accordance with the internal laws of the State of Florida, without regard to principles of conflicts of laws.

If any portion of this Agreement is deemed unlawful, void or unenforceable by any court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

JMFE’s failure to exercise or enforce any right or provision of these terms in this Agreement shall not be construed as a waiver or relinquishment, to any extent, of the right to assert or rely upon any such terms, provisions or options on any future occasion.

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by JMFE from time to time, shall survive your acceptance of this Agreement.

These terms constitute the entire, complete and exclusive Agreement between JMFE and you regarding jmfamily.com and supersedes all prior agreements and understandings with respect to the subject matter of these terms.

FORTUNE 100 Best Companies To Work For

FORTUNE and FORTUNE 100 Best Companies to Work For are registered trademarks of Fortune Media Limited IP and are used under License.  FORTUNE and Fortune Media Limited IP are not affiliated with, and do not endorse products or services of, JM Family.

Updated April 26, 2019