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KGI Legal

KGI Solutions, LLC, and its affiliate, K3 Automotive Corp, makes protecting your private information a top priority.  Our privacy policy, as stated below, governs data collection and usage as it pertains to users browsing on this Site (https://kgidealersolutions.com) and/or KGI Solutions, LLC or K3 Automotive Corp prospects and customers.   This privacy policy applies to all products and services, including but not limited to websites and inventory data feeds to 3rd parties, provided by KGI Solutions, LLC and K3 Automotive Corp.  By using this Site, you consent to the practices outline in this Privacy Policy.

Collection of your Personal Information

It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right to register you as a prospect or customer and provide you with any products or services.  Personally identifiable information, such as first and last name, phone number, and E-mail address may be required when you: (a) submit contact information for one of our employees to contact you; (b) request a free trial of our products and services; (c) download our software; (d) submit a support ticket or ask for help; (e) send us an email message; (f) submit your credit card or other payment information when ordering and purchasing products and services from KGI Solutions, LLC and K3 Automotive Corp.  We may also request personally identifiable information from our customers for other reasons in the future.

Use of your Personal Information

KGI Solutions, LLC and K3 Automotive Corp collects and uses your personal information to operate its websites, follow-up on contact requests, and deliver quality service for the products and services you have requested. 

We may also use your personally identifiable information to inform you of other products or services available by KGI Solutions LLC and K3 Automotive Corp and its affiliates.  At times, we may be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.

Tracking User Behavior

KGI Solutions, LLC and K3 Automotive Corp uses Google Analytics and/or pixel tags or similar technologies to keep track of the pages on our websites our users visit and to track E-mail behavior.  This data may be used to customize information on product and services relevant to users whose behavior indicates they are interested in a particular subject area.   We do not use cookies.

Automatically Collected Non-personal Information

Information about your computer hardware and software may be automatically collected by KGI Solutions, LLC and K3 Automotive Corp.  This information can include: your IP address, software version and build, browser type, domain names, access times and referring website addresses.  This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of our website.

Sharing Information with Third Parties

KGI Solutions, LLC and K3 Automotive Corp does not sell, rent or lease its customer lists to third parties.  We may, only with your written or verbal permission, provide your contact information to external business partners who provide services that may be of interest to you.  In those cases, your unique personally identifiable information (Name, Business Name, Address, Telephone, E-mail) is transferred to the third party. All such third parties are prohibited from using your personal information except to provide those services and they are required to maintain the confidentiality of your information.

KGI Solutions, LLC and K3 Automotive Corp customers have the option of purchasing a service package that includes sending hosted vehicle inventory data to trusted third party sites.   We share your dealership information and vehicle data with these sites with your knowledge and/or approval. You may request to stop this service at any time by calling us at 866-644-7258 or contacting us here https://kgidealersolutions.com/contact-us/.

KGI Solutions, LLC and K3 Automotive Corp may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process; (b) protect and defend the rights or property of KGI Solutions, LLC and K3 Automotive Corp; and/or (c) act in urgent circumstances to protect the personal safety of our employees, users of our products or services, or members of the public.

Links to Other Websites

Our website does contain links to affiliate and other websites.  Please note this privacy policy does not govern the collection and use of information by companies not controlled or managed by KGI Solutions, LLC and K3 Automotive Corp.  Therefore, we encourage all users, visitors, prospects, or customers to be aware when they leave our website and to read the privacy policy of every website that collects personally identifiable information. 

Children under the age of Thirteen

KGI Solutions, LLC and K3 Automotive Corp does not knowingly collect personally identifiable information from children under the age of thirteen.  If you are under the age of thirteen you must seek and obtain parent or guardian permission to use this website.  However, we ask that you not submit any form on this website that pertains to personal information and/or make a request for demonstration of any of our products or services.

Security

KGI Solutions, LLC and K3 Automotive Corp takes precautions to protect your information.  When you submit sensitive information via the website, your information is protected both online and offline.  Wherever we collect sensitive information (e.g. credit card information), that information is encrypted and transmitted to use in a secure way.  You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the webpage.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline.  Only employees who need the information to perform a specific job (for example billing or customer service) are granted access to personally identifiable information.  The computers and servers in which we store personally identifiable information are kept in a secure environment.  This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control.

Opt-out or Unsubscribe

All users and visitors to our website have the option to discontinue receiving communications from us.  To discontinue or unsubscribe from contact, please click the unsubscribe link at the bottom of your email or send us an email here - https://kgidealersolutions.com/contact-us/ stating that you wish to unsubscribe.  If you wish to unsubscribe or opt-out from any third party contact, you must go to that specific third party to unsubscribe or opt-out.

Changes to this Policy

We reserve the right to make changes to this Policy at any given time.  If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page.  We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or updating any privacy information on this page.  Your continued use of the Site and/or any products, services, and websites, including inventory datafeeds to 3rd parties, after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.

RESPECTING INTELLECTUAL PROPERTY

KGI Solutions, LLC ("KGI Solutions") takes the protection of intellectual property seriously. Whether you are a trademark, service mark, or copyright holder, KGI Solutions is committed to helping you protect your legal rights. We have therefore established the following policies for considering trademark and/or copyright infringement claims.

Domain Name Dispute Claims

Please refer to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") of the registrar for the domain name in question if you have a concern or dispute concerning a registered domain name. Per ICANN policy, the registrar's UDRP covers domain names disputes; this policy specifically excludes domain name disputes, and we will not be able to assist with these matters, except for assisting enforcement of the outcome of the dispute as necessary.

Copyright and Trademark Claims

1. To notify KGI Solutions that there has been a copyright or trademark violation, please follow the specific instructions in Section (A) for filing a trademark claim, or Section (B) for filing a copyright complaint.

2. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in Section (C).

A. Trademark Claims

1. If you (the "Complaining Party") would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office or, for foreign marks, registered with the appropriate intellectual property organization of your country; state registrations are not considered valid for these purposes), KGI Solutions requests that the Complaining Party substantiate such claim by providing the following information via email to IPClaims@kgisolutions.com.  The words "Trademark Claim" should appear in the subject line.

To be considered effective, a notification of a claimed trademark violation must include the following information:

  • The trademark, service mark, trade dress, name, or other indicia of origin ("mark") that is claimed to be infringed, including registration number.
  • The jurisdiction or geographical area to which the mark applies.
  • The name, post office address and telephone number of the owner of the mark identified above.
  • The goods and/or services covered by or offered under the mark identified above.
  • The date of first use of the mark identified above.
  • The date of first use in interstate commerce of the mark identified above.
  • A description of the manner in which the Complaining Party believes its mark is being infringed upon.
  • Sufficient evidence that the owner of the website that is claimed to be infringing is a KGI Solutions customer.
  • The precise location of the infringing mark, including electronic mail address, etc.
  • A good faith certification, signed under penalty of perjury, stating:
    1. The content of the website [identify website] infringes the rights of another party,
    2. The name of such said party,
    3. The mark [identify mark] being infringed, and
    4. That use of the content of the webiste claimed to be infringing at issue is not defensible.

2. Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, KGI Solutions will initiate an investigation. While KGI Solutions is investigating the claim, KGI Solutions, at its sole discretion and without any legal obligation to do so, may temporarily remove the challenged material from KGI Solutions Auctions, notify the posting party it will lock down the posting party's domain name(s), redirect the posting party's DNS, forward the Complaining Party’s written notification to the posting party,and/or if it is solely stored on a KGI Solutions server, temporarily remove or deny access to the challenged material.

3. If KGI Solutions concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, permanently remove the challenged material from the posting party's website, continue to suspend the posting party's KGI Solutions account and/or if it is solely stored on a KGI Solutions server, deny access to the challenged material. If KGI Solutions concludes that the Complaining Party has not raised a legitimate claim or if it is not clear whether the Complaining Party has raised a legitimate claim, KGI Solutions will restore access to the challenged material.

B. Copyright Claims

1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, KGI Solutions requests that the Complaining Party substantiate such claim by providing KGI Solutions with the following information via email to IPClaims@kgisolutions.com. The words "Copyright Claim" should appear in the subject line. A copyright claim can also be submitted by mail to: Copyright Agent, KGI Solutions, PO Box 562, Harrisburg, NC 28075

To be considered effective, a notification of a claimed copyright infringement must be provided to KGI Solutions and must include the following information:

  1. An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit KGI Solutions to locate the material.
  4. Information reasonably sufficient to permit KGI Solutions to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
  5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

2. For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, KGI Solutions will remove or disable access to the material that is claimed to be infringing.

3. If the Complaining Party provides KGI Solutions with appropriate notification, pursuant to Section 1 of Copyright Claims above, including information reasonably sufficient to permit KGI Solutions to locate and remove or disable the material in question, or includes information concerning repeat infringement, then KGI Solutions will forward the Complaining Party's written notification to such alleged Infringer and shall take reasonable steps promptly to notify the Infringer that it has removed or disabled access to the material.

C. Counter Notification Policy

1. Counter Notification. If you have received a notice of copyright or trademark infringement, you may provide Counter Notification by emailing IPClaims@kgisolutions.com and including the following:

  1. An electronic signature of the Infringer.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The Infringer's name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction of the Federal District Court for the judicial district of Arizona, or if the Infringer's address is outside of the United States, for any judicial district in which KGI Solutions may be found, and that the Infringer will accept service of process from the Complaining Party or an agent of such Party.

2. Upon receipt of a Counter Notification as described in Section 1 above, KGI Solutions shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in ten (10) business days. KGI Solutions will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless KGI Solutions first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Infringer from engaging in infringing activity relating to the material on KGI Solutions's system or network.

D. Repeat Infringers

It is KGI Solutions' policy to provide for the termination, in appropriate circumstances, of KGI Solutions customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.