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User Agreement & Mobile Application License Terms; and Privacy Notice
Last Modified: December 14, 2022

User Agreement & License

Introduction

This User Agreement & Mobile Application License (the “Terms”) are entered into by and between you and Carvana, LLC (“Carvana,” “we,” “our,” or “us”). The Terms govern your access to and use of any functionality and services offered on or through https://carvanaauction.com (the “Service(s)”), whether as a guest or a registered user. In these Terms, "you," and "your" means all those who access, visit or use the Services, whether acting as an individual or on behalf of an entity.

The Terms consist of the following parts: (1) this Introduction, (2) General Terms, (3) Service Specific Terms, and (4) Mobile Application License Agreement.

Please read these Terms carefully before you start to use the Services. By using the Services, installing a Mobile Application, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms, then you must not access or use the Services.

General Terms

Privacy

The attached Privacy Notice (See Part 4 below) describes how we collect, use, and process data from you and your devices when you use the Services. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, changes to the dispute resolution provisions, if any, will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Services.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. You can access these Terms any time via the link in the footer of https://carvanaauction.com.

Accessing the Services and Account Security

We reserve the right to withdraw or revise the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete. You agree that all information you provide to register with this Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our privacy policies as described in the Privacy Notice SectionHeading of these Terms below (the "Privacy Notice"), and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Your account is personal to you and you may not provide any other person with access to the Services using your user name, password or other security information. You are solely responsible for all activity performed under your account.

If you wish to delegate access to your account to your agent or employee, and such delegation is authorized by us in writing, you may contact us for instructions on how to create a separate user name linked to your account. You are liable for all acts and omissions of your agents and employees that use your account, whether such act or omission is permitted by or in violation of these Terms. Any act or omission by your agent or employee that would constitute a breach of these Terms if taken by you will be deemed a breach of these Terms by you. You shall make your agents and employees aware of these Terms’ provisions as applicable to such person’s role and shall cause your agents and employees to comply with such provisions.

You will notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also will ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Intellectual Property Rights

The entire contents, features and functionality of the Services (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Carvana, its affilates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the Services solely to facilitate your evaluation and use of our commercial products and services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services are transferred to you, and all rights not expressly granted are reserved by Carvana and its affiliates. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Trademarks

Carvana, carvana.com, the Carvana logo, and all related names, logos, product and service names, designs and slogans are trademarks of Carvana or its affiliates or licensors. You must not use such marks without the prior written permission of Carvana. All other names, logos, product and service names, designs and slogans on this Services are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate Carvana, a Carvana employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Carvana or users of the Services, or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
  • Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms.
  • Use any device, software or routine that interferes with the proper working of the Services.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.

User Contributions

The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Services.

All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Carvana, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.

Monitoring and Enforcement; Termination

We have the right to:

  • View, monitor and record activity on the Services without notice to or permission from you.
  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Termst, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for Carvana.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms or any Separate Agreement (defined below).

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS CARVANA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this SectionHeading.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any materials on the Services violate your copyright, please notify us in writing at: Carvana,LLC; Attn: DMCA Agent; 300 E Rio Salado Pkwy, Building 1, Tempe, AZ 85281, or by email at [email protected]. For more information call: 1-800-833-4554.

You must provide the following information in the notice:

  1. A physical or electronic signature of the copyright owner or authorized agent;
  2. Identification of the copyrighted work(s) claimed to have been infringed;
  3. Identification of the material that is alleged to be infringing or is the subject of the allegedly infringing activity that you desire to have removed, or have access to which disabled.
  4. Information that is specific and sufficient to permit us to locate the material;
  5. The following contact information where we may contact you: mailing address, telephone number, E-mail address;
  6. A statement that the copyright owner or its authorized agent 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; and
  7. A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Reliance on Information Posted

We do not warrant the accuracy, completeness or usefulness of the information presented on or through the Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Carvana, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Carvana. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Services

We may update the content on this Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Linking to the Services and Social Media Features

You may link to our web pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

This Services may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Services.
  • Send e-mails or other communications with certain content, or links to certain content, on this Services.
  • Cause limited portions of content on this Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Services other than the homepage.
  • Otherwise take any action with respect to the materials on this Service that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Services

If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

We are based in Tempe, Arizona in the United States. We provide this Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

We do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CARVANA NOR ANY PERSON ASSOCIATED WITH CARVANA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CARVANA NOR ANYONE ASSOCIATED WITH CARVANA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

CARVANA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF CARVANA AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO CARVANA FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Carvana, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services or any Mobile Application, including, but not limited to, your User Contributions, any use of the Services's content, services and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

Governing Law and Jurisdiction

These Terms will be governed by the laws of the State of Arizona, without regard to its conflict of laws principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the state and federal courts located in Phoenix, Arizona, and you irrevocably consent to personal jurisdiction and venue in those courts.

Waiver and Severability

Any waiver of breach or default pursuant to these Terms will not be a waiver of any other subsequent breach or default. Failure or delay by Carvana to enforce any term or condition of these Terms will not constitute a waiver of such term or condition.

If any provision of these Terms are held to be illegal, invalid, or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between you and Carvana with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, representations and warranties.

Service Specific Terms

All transactions for the sale of goods, services, or information formed through the Services, or as a result of visits made by you are governed by a separate agreement (a "Separate Agreement") between you and Carvana or a Carvana affiliate or partner, which are hereby incorporated into these Terms. In the event of any conflict between the terms of a Separate Agreement and these Terms, the terms of the Separate Agreement will control.

Mobile Application License Terms

If you use any mobile application(s) (“Mobile Application”) provided by Carvana or its affiliates to access or use the Services, then these Mobile Application License Terms apply to your use of the Mobile Application.

License Grant

So long as you comply with these Terms, Carvana grants you a limited, non-exclusive, and non-transferable license to download, install, and use the Mobile Application on a mobile device owned or otherwise controlled by you ("Mobile Device").

License Restrictions

You shall not use the Mobile Application for any purposes beyond the scope granted in the License Agreement. You shall not at any time, directly or indirectly, and shall not permit any third party, including your agents and employees, to: (1) copy, modify, or create derivative works of the Mobile Application, in whole or in part; (2) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Mobile Application; (3) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Mobile Application, in whole or in part; (4) remove any proprietary notices from the Mobile Application; or (5) use the Mobile Application in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

Reservation of Rights

You acknowledge and agree that the Mobile Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Mobile Application, or any other rights thereto other than to use the Mobile Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Carvana and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Mobile Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

Updates

We may from time to time in our sole discretion develop and provide Mobile Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

    a. the Mobile Application will automatically download and install all available Updates; or

    b. you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates. The Mobile Application or portions thereof may not properly operate should you fail to do so. All Updates are part of the Mobile Application and are subject to these Terms.

Termination

Upon expiration or any termination of these Terms, the license granted in the Mobile Application is terminated. Upon termination you must cease all use of the Mobile Application and delete all copies of the Mobile Application from your Mobile Device.

Export Regulation

The Mobile Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Mobile Application to, or make the Mobile Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Mobile Application available outside the US.

Privacy Notice

Carvana, LLC, its parent, its subsidiaries, and/or its affiliates (“us,” “we,” or “our”) collects and processes information about you as described in this notice (the “Privacy Notice”). This Privacy Notice contains details about how we collect, use, and share personal information that we obtain from and about you when you interact with us via our website(s), email, mobile application(s), and in other online and offline interactions. Please read this Privacy Notice carefully.

Changes

We may update this Privacy Notice from time-to-time. The current Privacy Notice will be effective when posted. Please check this Privacy Notice periodically for updates as your continued use after an update will signify your acceptance of the new policy. If any of the changes are unacceptable to you, you should cease interacting with us. When required under applicable law, we will notify you of any changes to this Privacy Notice by posting an updated Privacy Notice on this website.

Sources of Personal Information

We collect information about you and how you interact with us in several ways, including:

  1. Information you provide to us directly. We collect the information you or your employer provide to us directly.
  2. Information automatically collected or inferred from your online interaction with us. We may automatically collect technical information about your online interactions with us (such as IP address or other unique identifier related to you or your Device, Device location, characteristics, and capabilities, prior and current web activity, your Carvana website activities and related click data, and browsing preferences) when you visit or interact with our Services (“Usage Information”).
  3. Information from public sources, including government entities from which public records are obtained and information you submit in public forums.
  4. Information from third parties. We receive information about you and your interactions with us from third parties, such as credit reporting entities, marketing and advertising providers, social network services, data brokers, and companies that provide or sell lists of potential purchasers.

We may combine information that we receive from the various sources described in this Privacy Notice, including third party sources and public sources, and use or disclose it for the purposes identified below.

Types of Personal Information We Collect

The types of information that we collect about you (“Personal Information”) include:

  1. Identifiers, such as your name, alias, unique personal identifier, online identifier, internet protocol address, and account name.
  2. Professional information, such as name, title, business contact information (e.g., telephone number(s), email, and/or street address), or other information relevant to your role in the organization you represent.
  3. Internet or other electronic network activity information, such as your browsing history, search history, and information regarding your interactions with us (including interacting with us online, by mobile application, and through advertisements).
  4. Geolocation information, such as approximate location based on your IP address or precise location with your express consent.
  5. Professional, employment, or education information, such as job title, employer, business address and contact information, employment history, other professional information, or education history.
  6. Inferences drawn from any of the information we collect to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

How We Use Your Personal Information

We may use each category of your information described above in the following ways:

  1. To enable interactions between you and us, such as to register and administer your account, provide you with and support your interactions with us; diagnose, repair and track service and quality issues; provide requested information; communicate with you about your account or our data practices; install and configure changes and updates to programs and technologies related to interactions with us; authenticate those who interact with us; or to respond to your requests, complaints, and inquiries.
  2. For our own internal business purposes, such as to evaluate, audit, or improve the usage, quality, and performance of programs and technologies related to interactions with us or third parties; design new services; perform internal research for technological development and demonstration; conduct data analysis and testing; and maintain proper business records and other relevant records.
  3. For legal, safety, or security reasons, such as to comply with legal requirements; protect our safety, our property, or rights of those who interact with us, or others; and detect, prevent, and respond to security incidents or other malicious, deceptive, fraudulent, or illegal activity.
  4. In a de-identified, anonymized, or aggregated format. We may convert Personal Information into a de-identified, anonymized, or aggregated format, and use such information for any legal purpose.
  5. For any other purposes for which you provide consent.

With Whom We Share Your Personal Information

We may share your Personal Information with the categories of recipients described below:

  1. Affiliates and subsidiaries: We may share your Personal Information within the Carvana group of companies, which includes parents, corporate affiliates, subsidiaries, business units, and other companies that share common ownership for the purposes described above.
  2. Services providers: We may share your Personal Information with service providers working on our behalf in order to facilitate our interactions with you or request or support our relationship with you, such as hosting service providers, IT providers, operating systems and platforms, internet service providers, analytics companies, and marketing providers (e.g., we may share your email address with our outbound email marketing provider). We may contract with other companies to provide certain services. We take reasonable efforts to provide these companies with only the information they need to perform services on our behalf.
  3. For legal, security, and safety purposes: We may share your Personal Information with third parties such as law enforcement or other government agencies to comply with law or legal requirements; to enforce or apply these Terms, License Agreement, and other agreements; and to protect our rights and our property or the safety of our users or third parties.
  4. In connection with a corporate transaction: We may transfer any information we have about you in connection with a change in corporate control, including but not limited to a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Carvana or as part of a corporate reorganization or stock sale.

We may also de-identity, anonymize, or aggregate Personal Information to share with third parties for any purpose.

How We Use Cookies and Automatic Data Collection Tools

We may also collect information, which may include Personal Information, via cookies, web beacons ("tracking pixels"), embedded scripts, location-identifying technologies, device recognition technologies, in-app tracking methods, device and activity monitoring, or other manual, passive, or automatic tracking technologies, programs, or platforms (“Tracking Technologies”). The types of information we collect include but are not limited to Usage Information, your Internet Services Provider, IP address/Internet address from which you accessed our website(s) and/or other unique identifier(s) related to you or your Device, Device location, Device characteristics and operating system/settings, the date and time you access our website(s) and/or take certain actions on our website(s), recordings of your interactions with our websites and other digital properties, the pages you accessed while visiting our website(s) and related click behavior, previously visited websites, and preferences.

  • Cookies

    A cookie is a small text file that is stored on a user’s Device. We may place cookies on your Device(s), which may last only during a single session or may be persistent over multiple sessions over time. Session cookies make it easier for you to navigate the Services and expire when you close your browser. Tracking cookies remain longer and help in understanding how you use the Services and may enhance your user experience. Cookies may remain on your hard drive for an extended period of time. If you use your browser’s method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked and, as a result, some features and functionalities of the Services may not work. To identify certain types of local shared objects on your Device and adjust your settings, please visit: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.ht. The Services may associate some or all of these types of cookies with your Devices.

  • Web Beacons ("Tracking Pixels")

    Web beacons are small graphic images, also known as “Internet tags” or “clear gifs,” embedded in web pages and e-mail messages. Web beacons may be used, without limitation, to count the number of visitors to the Services, to monitor how users navigate the Services, and to count content views.

  • Embedded Scripts

    An embedded script is programming code designed to collect information about your interactions with the Services. It is temporarily downloaded onto your computer from our web server, or from a third party with which we work, and is active only while you are connected to the Services and deleted or deactivated thereafter.

  • Location-Identifying Technologies

    GPS (global positioning systems) software, geo-filtering, and other location-aware technologies locate you (sometimes precisely), or make assumptions about your location, for purposes such as verifying your location and delivering or restricting content based on your location. If you have enabled GPS or use other location-based features on the Services, your Device location may be tracked by us and third parties. Certain Services features may access and use information about your Device location (such as based on IP address or GPS, as applicable), or your account information, to suggest certain content, products, or services that may be available to you. Our Services content may be personalized based on various information we may have about you to try to provide you with more location-relevant content.

  • Device Recognition Technologies

    We may use device recognition technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use (e.g., Facebook ID), which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household) (“Cross-device Data”).

  • In-App Tracking Methods

    There are a variety of Tracking Technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as “Ad IDs,” or may use “SDKs,” to associate app user activity to a particular app and to track user activity across apps and/or devices. SDKs are blocks of code that may be installed in our mobile application by third party companies with which we work. SDKs help us understand how you interact with our mobile application and collect certain information about the Device and network you use to access our application, such as the advertising identifier associated with your Device and information about how you interact with our application.

  • Device and Activity Monitoring

    Technologies that monitor, and may record, your interactions with the Services, including without limitation, keystrokes, and/or collect and analyze information from your Device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes such as identification, security, fraud prevention, troubleshooting, tracking, and/or improving the Services and customizing or optimizing your experience on the Services.

We use these Tracking Technologies to remember user preferences, maximize the performance of our website(s) and Services, provide you with offers that may be of interest to you, measure the effectiveness of our email and other advertising campaigns, and to personalize online content. These Tracking Technologies may be used to track you across Devices and websites over time for purposes such as to associate different Devices to you and deliver relevant ads and/or other content to you on the Services and certain other online services.

Additionally, we may permit third parties to place Tracking Technologies on our website(s) to allow these third parties to directly collect Personal Information from you. These third parties may also use Tracking Technologies to serve you advertisements tailored to interests you have shown by browsing on this website and other sites, applications, destinations, and services you have visited, and for other lawful business purposes. These third parties may offer or use Tracking Technologies or session replay tools, including but not limited to tools involving digital experience analytics and related platforms, to allow us to do things such as, but not limited to: track and evaluate user experiences and preferences, maximize the performance of our website(s) and Services, and measure the effectiveness of, troubleshoot, and/or improve our online/web-based content and offerings. In doing so, these third parties may collect your Personal Information, including for example the make, model, settings, specifications (e.g., CPU speed, connection speed, browser type, operating system, Device identifier) and geographic location of your Device, as well as date/time stamp, IP address, pages visited, time of visits, content viewed, ads viewed, the site(s), application(s), destination(s), and/or service(s) you arrived from, and other clickstream data. The information provided in this Privacy Notice does not apply to the Tracking Technologies or similar tools or practices of third parties; you should review such third parties’ websites and applicable terms of use and/or privacy policies or notices for information specific to relevant third party practices.

To provide you with more relevant and interesting experiences, we may work with third party companies to display ads or customize the content on this website and on other digital properties and websites. For example:

  • We use Google Analytics to analyze traffic to our Services(s) in order to help us understand our visitors' needs and to continually improve our site for them. The data they collect on our behalf may include, but is not limited to, search engine referral, affiliate referrals, traffic driven by banner ads or other online promotions, how visitors navigate around the site, and the most popular pages. We also collect certain technical information, such as the browser version and operating system. We reserve the right to use, transfer, sell, and share data about our users for any lawful business purpose, such as analyzing usage trends and seeking compatible advertisers, sponsors, clients, and customers. For more information related to our use of Google Analytics, please visit www.google.com/policies/privacy/partners/.
  • We use Facebook Pixel and/or related Facebook business tools that may allow third parties, including Facebook, to use cookies, web beacons, and other storage technologies to collect or receive information from our website(s), app(s), and/or elsewhere on the Internet and use that information to provide measurement services and target ads. In addition, we may serve ads on other online services that are targeted to reach people on those services that are also identified on one or more of our databases (“Matched List Ads”). This is done by using Tracking Technologies or by matching common factors between our data bases and the data bases of the other online services. For instance, we may use such ad services offered by Facebook or Twitter and other third-party services. We are not responsible for these third-party services, including without limitation their security of the data. If we use Facebook to serve Matched List Ads on Facebook services, you should be able to hover over the box in the right corner of such a Facebook ad, or go to your account settings, and find out what options Facebook offers you to control such ads. If we use Twitter Matched List Ads, you should be able to review your ad options in account settings on Twitter. We are not responsible for such third parties’ failure to comply with your or our opt-out instructions, they may not give us notice of opt-outs to our ads that you give to them, and they may change their options without notice to us or you.

These companies may use cookies and similar tracking technologies as described in this Privacy Notice to gather information about your visits to our website(s), as well as your visits elsewhere on the Internet. These companies use this information to provide you with more relevant advertising tailored to your interest based on your browsing of the Services and elsewhere on the Internet, sometimes known as “interest-based advertising” and “online behavioral advertising (“Interest-based Advertising”) which may include sending you an ad on another online service after you have left the Services (i.e., “retargeting”).

You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and service providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices/ and http://www.aboutads.info/appchoices for information on the DAA’s opt-out programs. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). For more information about the NAI including how consumers can opt-out from receiving interest-based advertising from some or all of NAI's members, please visit http://www.networkadvertising.org/choices. Opting out of Interest-based Advertising will not opt you out of all advertising, but rather only Interest-based Advertising from us or our agents or representatives. Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser, or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.

Some browsers have incorporated Do Not Track (“DNT”) preferences. Most of these features, when turned on, send signals to the website you are visiting that you do not wish to have information about your online searching and browsing activities collected and used. As there is not yet a common agreement about how to interpret DNT signals, we do not honor DNT signals from website browsers at this time. However, you may be able to refuse or delete cookies. If you refuse or delete cookies, some of our website(s) functionality may be impaired. If you change Devices or browsers, or use multiple Devices or browsers, and delete your cookies, you may need to repeat this process for each Device or browser. Please refer to your browser’s Help instructions to learn more about how to manage cookies and the use of other tracking technologies.

Security and Retention

We maintain reasonable security procedures and technical and organizational measures to protect your Personal Information against accidental or unlawful destruction, loss, disclosure, alteration, or use. However, because no data transmission is completely secure, and no system of physical or electronic security is impenetrable, we cannot guarantee the security of the information you send to us or the security of our servers, networks, or databases, and by using our Services you agree to assume all risk in connection with the information sent to us or collected by us when you access, visit, and/or use our Services, including without limitation your personally identifiable information, Personal Information, registration information, or other account information, and we are not responsible for any loss of such information, or the consequences thereof, unless otherwise stated in these Terms.

Children’s Privacy

Interactions with us are intended for individuals 16 years of age and older. Our interactions are not directed at, marketed to, nor intended for, children under 16 years of age. We do not knowingly collect any information, including Personal Information, from children under 16 years of age. If you believe that we have inadvertently collected Personal Information from a child under the age of 16, please contact us at the address below and we will use reasonable efforts to delete the child’s information from our databases.

External Links

When interacting with us you may encounter links to external sites or other online services, including those embedded in third party advertisements or sponsor information, that we do not control. We are not responsible for the privacy practices and data collection policies for such third party services. You should consult the privacy statements of those third party services for details.

Contact Info/Your Choices

If you have questions regarding this Privacy Notice, please contact us at:

EMAIL:[email protected]
MAIL:

Carvana, LLC

300 E. Rio Salado Pkwy

Tempe, AZ 85281

Attention: Compliance Team

Note: Only inquiries involving this Privacy Notice or Carvana’s collection, use, and/or management of your personal information should be sent to this email and/or mailing address. No other communication will be accepted or addressed.

If you've registered on any part of the Services, please use the mechanism or contact information on the Services that allows you to change or update your member preferences or information, if available, to keep all such data accurate and up to date. If no such mechanism or contact information is available on the Services, contact us as described above with your changes.

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If you don't agree to these Terms or the Privacy Notice, then you must immediately exit the Services.