SECTION 1: INTRODUCTION AND SCOPE
This Privacy Policy, Terms of Use, and Consent to Communications Agreement (collectively, this “Agreement”) is entered into by and between Auto Republic LLC, its members, managers, officers, employees, and agents (collectively, “Company,” “we,” “us,” or “our”), and the individual providing information or accessing any Company property (collectively, “you,” “your,” or “User”).
BY CHECKING THE BOX LABELED “I AGREE” (OR BY ANOTHER AFFIRMATIVE ASSENT MECHANISM PRESENTED AT THE TIME OF SUBMISSION), OR BY SUBMITTING YOUR INFORMATION THROUGH ANY COMPANY-CONTROLLED FORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE ANY COMPANY PROPERTY OR SUBMIT ANY INFORMATION.
1.1 Mediums Covered
This Agreement governs all interactions across every medium the Company uses, including but not limited to:
- Company websites and all subdomains
- Landing pages hosted on any platform
- Social media lead generation forms and advertisements (including Facebook/Meta, Instagram, TikTok, and Google)
- Text messages (SMS/MMS)
- WhatsApp messages and communications
- Email communications
- Telephone calls (inbound and outbound, live and pre-recorded)
- Any other electronic or physical medium the Company may use to collect information or communicate
To the extent this Agreement references specific laws or regulations, such references are provided for informational purposes only. The Company’s obligations are governed by the applicable laws themselves. In the event of any conflict between this Agreement and applicable law, applicable law shall control.
Certain communications may be conducted through third-party platforms, including but not limited to WhatsApp. Such platforms are owned and operated by independent third parties and are subject to their own terms of service and technical infrastructure. The Company does not control their infrastructure. However, the Company remains responsible for honoring opt-out and revocation requests for communications it sends or initiates, and will process such requests through its internal systems.
SECTION 2: INFORMATION WE COLLECT
2.1 Information You Provide Directly
When you interact with any Company property, you may voluntarily provide information such as:
- Name and contact information (email address, telephone number, WhatsApp number, physical address)
- Date of birth
- Social Security Number or ITIN (only when required for credit or financing applications)
- Driver’s license information
- Employment and income information
- Financial information necessary for credit applications or payment processing
- Vehicle information (including trade-in details)
- Any other information you voluntarily submit
2.2 Information Collected Automatically
When you access any Company digital property, we may automatically collect information such as IP address, browser and device information, pages viewed, interaction data, date and time stamps, and data collected through cookies, pixels, and similar tracking technologies.
2.3 Information from Third Parties
We may receive information about you from third-party sources, including credit reporting agencies, social media platforms, vehicle history report providers, and other data partners.
SECTION 3: EXPRESS WRITTEN CONSENT TO COMMUNICATIONS
WHEN YOU AFFIRMATIVELY SUBMIT YOUR INFORMATION THROUGH A COMPANY-CONTROLLED FORM OR PROCESS CONTAINING THE DISCLOSURES REQUIRED BY LAW, YOUR ACTION CONSTITUTES YOUR PRIOR EXPRESS WRITTEN CONSENT UNDER THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. § 227), APPLICABLE FCC REGULATIONS, THE FLORIDA TELEPHONE SOLICITATION ACT (FLA. STAT. § 501.059), AND ALL OTHER APPLICABLE FEDERAL, STATE, AND LOCAL LAWS GOVERNING TELEPHONE, TEXT, EMAIL, AND ELECTRONIC COMMUNICATIONS.
For purposes of the TCPA and similar laws requiring prior express written consent, your electronic agreement is captured by a checkbox or similar affirmative mechanism, together with the disclosure text presented at the time, and constitutes a valid written agreement with signature as contemplated by applicable law.
3.1 Consent to Receive Communications
When you provide your telephone number and affirmatively agree to the disclosures presented at the time of collection (such as by checking a consent box on a Company-controlled form), you authorize Auto Republic LLC to contact you at the number(s), email(s), and/or WhatsApp number(s) you provided, to the extent permitted by applicable law, using the following methods:
3.1.1 Telephone Calls
- Live telephone calls from Company representatives
- Pre-recorded or artificial voice messages, including AI-generated voice messages, where permitted by law and where the required level of consent has been obtained
- Calls made using an automatic telephone dialing system (ATDS/autodialer)
- Calls for marketing, promotional, informational, transactional, and customer service purposes
- Calls to any telephone number provided, including mobile, landline, and VoIP numbers
3.1.2 Text Messages (SMS/MMS)
- Text messages (SMS) and multimedia messages (MMS) sent by representatives or automated systems
- Messages sent using automated technology
- Marketing, promotional, transactional, informational, and customer service messages
- Recurring messages; message frequency varies
- Message and data rates may apply depending on your carrier and plan
3.1.3 WhatsApp Messages
- WhatsApp text messages, voice messages, and calls
- Marketing, promotional, transactional, informational, and customer service messages
3.1.4 Email Communications
- Marketing, promotional, transactional, and informational emails
- Automated email campaigns
- Emails containing tracking technologies to measure engagement
- Marketing emails include an unsubscribe mechanism and other information required by applicable law, including CAN-SPAM
3.2 Consent is Not a Condition of Purchase
YOU ARE NOT REQUIRED TO PROVIDE YOUR CONSENT TO RECEIVE CALLS, TEXT MESSAGES, EMAILS, WHATSAPP MESSAGES, OR ANY OTHER COMMUNICATIONS AS A CONDITION OF PURCHASING ANY GOODS OR SERVICES FROM THE COMPANY. YOU MAY PURCHASE VEHICLES, OBTAIN FINANCING, OR USE ANY COMPANY SERVICE WITHOUT CONSENTING TO RECEIVE MARKETING COMMUNICATIONS.
3.3 Do Not Call Lists
If you provide valid consent as described in this Agreement, that consent may allow us to contact you notwithstanding certain Do Not Call registrations, to the extent permitted by law. Any subsequent request to stop communications, including any do-not-call request or revocation of consent, will be honored as required by applicable law and supersedes any prior permission.
3.4 Scope and Duration of Consent
Your consent remains in effect until you revoke it. Consent applies to communications for marketing, promotional, informational, transactional, and customer service purposes as described in this Agreement, to the extent permitted by applicable law.
3.5 How to Revoke Consent / Opt-Out
You may revoke your consent at any time and by any reasonable means, including:
- Text Messages: Reply STOP, UNSUBSCRIBE, CANCEL, END, or QUIT to any text message
- WhatsApp: Reply STOP or UNSUBSCRIBE in the WhatsApp chat
- Email: Click the “Unsubscribe” link in any email, or email [email protected]
- Telephone: Call 407-833-6329 and request to be removed
- Email: Send a request to [email protected]
We do not require you to use any particular method to revoke consent. The Company will honor your revocation request in accordance with applicable law. For purposes of 47 C.F.R. § 64.1200, we will honor any request to revoke consent or do-not-call request made in any reasonable manner within a reasonable time not to exceed ten (10) business days from receipt. For text messages, we will honor STOP and opt-out requests as required by Fla. Stat. § 501.059 and other applicable law. After receiving an opt-out, the Company may send a single confirmation message that does not contain marketing content. Opting out of marketing communications does not affect transactional or legally required communications, including but not limited to appointment reminders, delivery notifications, service updates, inventory notifications you requested, and communications related to an existing transaction or inquiry. A revocation request is considered received when delivered to a Company-controlled channel in a manner reasonably capable of being processed by us.
3.6 Acknowledgments
By submitting your information you acknowledge that:
- You are providing consent electronically, which constitutes a valid electronic signature under the E-SIGN Act (15 U.S.C. § 7001 et seq.) and the Uniform Electronic Transactions Act (UETA)
- The Company may record and retain evidence of your consent as permitted by applicable law
- You are the owner or authorized user of the telephone number(s), email address(es), and/or WhatsApp number(s) you provided
- You are at least eighteen (18) years of age
- Standard message and data rates may apply and the Company is not responsible for carrier fees
- If your contact information changes, you agree to notify us promptly. The Company may rely on the contact information you provided unless and until you update it
SECTION 4: HOW WE USE YOUR INFORMATION
We may use the information we collect for purposes including but not limited to:
- Responding to your inquiries and submissions
- Providing and improving our products and services
- Processing vehicle purchases, financing applications, and related transactions
- Sending marketing and promotional communications as authorized by your consent
- Sending transactional communications related to your inquiries or transactions
- Personalizing your experience and presenting relevant offers
- Advertising, retargeting, and audience building through third-party platforms
- Analytics and business intelligence
- Fraud detection and prevention
- Compliance with legal obligations and government requests
- Enforcing our terms and policies
- Facilitating business transfers, mergers, or acquisitions
- Any other purpose disclosed at the time of collection or with your subsequent consent
SECTION 5: SHARING AND DISCLOSURE OF INFORMATION
5.1 Categories of Third Parties
We may share your information with:
- Service providers that assist with our business operations, including CRM, marketing, messaging, website hosting, and analytics providers
- Financial institutions, lenders, and credit reporting agencies in connection with your financing or credit application
- Advertising platforms for targeted advertising and audience building
- Professional advisors such as attorneys, accountants, and insurance providers
- Government entities and law enforcement as required by applicable law or legal process
- Parties involved in a business transaction such as a merger, acquisition, or sale of assets
5.2 Information Sales
Auto Republic LLC does not sell your personal information for direct monetary compensation to unaffiliated third parties for their own independent marketing purposes. We may use advertising and analytics partners to help market our services. Where applicable law grants you rights related to such disclosures, we will honor those rights as required. If our practices change, we will update this policy and provide notice as required by applicable law.
5.3 Lead Data
The Company does not share your contact information with third-party lead buyers or lead resellers for them to contact you independently. Lead data submitted to the Company is used solely for the Company’s own business purposes.
SECTION 6: DATA RETENTION
We retain your personal information for as long as reasonably necessary to fulfill the purposes described in this Agreement and as required or permitted by applicable law. Retention periods may be extended when data is subject to a legal hold, litigation, investigation, or audit.
SECTION 7: COOKIES AND TRACKING TECHNOLOGIES
We use cookies, pixels, and similar technologies on our digital properties for functionality, analytics, and advertising. Where consent is required by applicable law, we will request it through an appropriate mechanism. You can control cookies through your browser settings and, where available, our on-site preference tools. You may also opt out of targeted advertising through the applicable platform’s settings, the Digital Advertising Alliance (DAA), the Network Advertising Initiative (NAI), or Global Privacy Control (GPC) where supported by our systems and where required by applicable law.
SECTION 8: LEGAL COMPLIANCE
The Company strives to comply with applicable federal, state, and local laws governing privacy, communications, and consumer protection. Our legal obligations are governed by applicable law, which may change or be interpreted differently by courts from time to time. To the extent any applicable law provides you with specific rights regarding your personal information, the Company will respond as required by that law. The Company may require identity verification before processing any request and may deny requests that are excessive, repetitive, or not required by applicable law. Any deletion or correction of information is subject to the Company’s legal retention obligations. We do not provide rights or services beyond what applicable law requires unless expressly stated.
SECTION 9: FINANCIAL PRIVACY
To the extent Auto Republic LLC facilitates consumer financing or credit applications, the Company strives to comply with applicable financial privacy laws. Financial information collected in connection with credit applications is used solely for processing your financing request and is shared only with the parties necessary to complete the transaction. If you apply for financing, you may receive a separate privacy notice describing information-sharing practices and any applicable opt-out rights as required by the Gramm-Leach-Bliley Act or similar laws.
SECTION 10: CHILDREN’S PRIVACY
Our products and services are not intended for individuals under eighteen (18). We do not knowingly collect personal information from anyone under 18. If you believe a minor has provided us with personal information, contact [email protected].
SECTION 11: DATA SECURITY
No method of transmission over the internet or electronic storage is completely secure. The Company does not and cannot guarantee the security of your personal information transmitted or stored through any medium. You acknowledge and accept this inherent risk when providing information to the Company.
SECTION 12: TERMS OF USE
12.1 Acceptance
By accessing or using any Company website, landing page, or digital property, you agree to these Terms of Use.
12.2 Intellectual Property
All content and intellectual property on Company properties belong to Auto Republic LLC or its licensors and are protected by applicable law. No copying, reproduction, or derivative works without prior written consent.
12.3 Prohibited Conduct
You agree not to: use any Company property for any unlawful purpose; submit false or misleading information; attempt unauthorized access to any Company system; use automated scraping tools without permission; interfere with operations; upload harmful code; or impersonate any person or entity.
12.4 Disclaimer of Warranties
ALL COMPANY PROPERTIES, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
12.5 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUTO REPUBLIC LLC AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF ANY COMPANY PROPERTY. THE COMPANY’S TOTAL CUMULATIVE LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. NOTHING HEREIN LIMITS OR WAIVES ANY LIABILITY THAT CANNOT BE LIMITED OR WAIVED UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ANY STATUTORY DAMAGES OR REMEDIES UNDER THE TCPA, FLA. STAT. § 501.059, OR OTHER CONSUMER PROTECTION STATUTES TO THE EXTENT SUCH LIMITATIONS ARE PROHIBITED BY LAW.
12.6 Indemnification
You agree to indemnify and hold harmless Auto Republic LLC and its officers, directors, members, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your use of any Company property, your violation of these Terms or any applicable law, or any false information you submit.
SECTION 13: DISPUTE RESOLUTION AND ARBITRATION
13.1 Mandatory Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL.
ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, ANY COMPANY PROPERTY, OR ANY COMMUNICATIONS RECEIVED FROM THE COMPANY SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS CONSUMER ARBITRATION RULES. THIS AGREEMENT TO ARBITRATE IS GOVERNED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. §§ 1-16).
13.1A Procedure, Fees, and Location
Arbitration will be conducted under the AAA Consumer Arbitration Rules. Unless the parties agree otherwise, arbitration will take place in the consumer’s county of residence or remotely (video/telephone), as permitted by the AAA. The Company will pay AAA filing and administration fees to the extent required under the AAA Consumer Arbitration Rules. Each party bears its own attorneys’ fees unless a statute or the arbitrator awards fees.
13.2 Class Action Waiver
YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.
13.3 Delegation
The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including whether any claim is subject to arbitration.
13.3A Mass Arbitration
If 25 or more similar demands are filed against the Company by the same or coordinated counsel within a 60-day period, the parties agree to administer them in batches of up to 25 at a time, with a bellwether process consistent with AAA procedures (including any applicable mass arbitration or supplementary rules) and the FAA. Applicable filing fees will be addressed consistent with the AAA Consumer Arbitration Rules.
13.4 Small Claims Exception
Either party may bring an individual claim in small claims court in the county where the consumer resides or where the transaction occurred, if within the court’s jurisdictional limits.
13.5 Governing Law and Venue
This Agreement is governed by the laws of the State of Florida. For claims not subject to arbitration, exclusive venue is the state and federal courts in Orange County, Florida, and you consent to personal jurisdiction.
SECTION 14: MISCELLANEOUS
14.1 Entire Agreement
This Agreement constitutes the entire agreement between you and Auto Republic LLC regarding the subject matter hereof.
14.2 Severability
If any provision is held invalid or unenforceable, the remaining provisions continue in full force. If any portion of the class action waiver in Section 13.2 is found unenforceable, that portion shall be severed and enforced to the maximum extent permitted by law, and any remaining claim must proceed only on an individual basis. Under no circumstances shall any dispute proceed as a class, collective, consolidated, representative, or private attorney general action in any forum.
14.3 Waiver
Failure to enforce any provision is not a waiver of that provision.
14.4 Assignment
The Company may assign this Agreement at any time. You may not assign without prior written consent.
14.5 Modifications
The Company may modify this Agreement at any time. Changes are effective upon posting with a revised “Last Updated” date. Continued use constitutes acceptance. Changes apply prospectively only and will not apply to disputes arising before the posted effective date. Material changes to the arbitration or class action waiver provisions will be effective only upon your affirmative acceptance. Changes that materially expand the scope of consent to marketing communications will be effective only upon your affirmative acceptance where required by applicable law.
14.6 Contact
Company: Auto Republic LLC
Phone: 407-833-6329
General Email: [email protected]
