Personal Information Sharing Practices for 2020
During 2020, Toyota shared Personal Information about our customers with specific third parties where the information was used for the recipient's own marketing purposes.
Toyota Connected Services Privacy and Protection Notice
If you have a connected vehicle, your vehicle may be equipped with Connected Services that electronically transmit vehicle-originated data (such as driving behavior data and vehicle health data) to Toyota. These Services may use your vehicle-originated data to respond to vehicle emergencies, find destinations or activate remote services. This vehicle-originated data is subject to the Toyota Connected Services Privacy Notice rather than the Toyota Privacy Statement. Please visit the Toyota Connected Services Privacy Notice at https://www.toyota.com/privacyvts/ for additional information.
Toyota Privacy Statement – Summary
This summary of the Toyota Privacy Statement applies to Personal Information (as defined below) collected by or on behalf of Toyota Motor Sales, U.S.A., Inc. ("Toyota," "us," or "our"). Some of our products and services may have additional privacy statements that apply, such as Toyota Connected Services. Where product- or service-specific privacy statements conflict with this Privacy Statement, those privacy statements shall govern. This Privacy Statement was last updated on January 1, 2021.
Information Collected
Uses and Sharing
Important Information
Your Choices and Access
How to Contact Us
To contact us with a question call us at 800-331-4331 or mail your inquiry to:
Toyota Motor Sales, U.S.A., Inc.
P.O. Box 259001
Plano, TX
75025-9001
To read our full Privacy Statement click here.
Toyota Privacy Statement
UPDATED AS OF: January 1, 2021
Toyota Motor Sales, U.S.A., Inc. is committed to maintaining your confidence and trust as it relates to the privacy of your Personal Information (as defined below). Please read below and learn how we collect, protect, share and use your Personal Information including information we collect as part of our technology Platforms (including, without limitation, our Toyota-owned and branded websites, web pages, interactive features, applications, and mobile applications that link to this Privacy Statement ("Platforms")), offline, and from third parties.
United States Only. This Privacy Statement describes our practices with respect to Personal Information collected regarding individuals in the United States. If you are located in another country, please review the applicable Toyota privacy statement for your country.
Toyota Connected Services. This Privacy Statement does not apply to any vehicle-originated data collected in connection with our Toyota Connected Services (such as driving behavior data and vehicle health data). Please visit www.toyota.com/privacyvts to learn more about our vehicle data collection, use and sharing practices.
This Privacy Statement also does not apply to the data practices of any Toyota, Lexus, or Scion dealers; local Toyota dealer associations; private distributors; Toyota Financial Services; Lexus Financial Services; or Toyota Insurance Management Solutions. If you wish to learn about the privacy practices of these entities, please visit their respective privacy statements. To reach the privacy policy for Toyota Financial Services, please click here. To reach the privacy policy for Lexus Financial Services, please click here. To reach the privacy policy for Toyota Insurance Management Solutions, please click here. To reach Toyota dealer sites, please click here.
QUICK GUIDE TO CONTENTS
1. INFORMATION WE COLLECT.
We may collect certain types of Personal Information (i.e., information that can be used to identify you as an individual, such as your name, email, telephone number, home address, demographic information (such as Zip Code, age), or payment information (such as account or credit card number)) about you in a variety of ways, depending on your interactions with us, as described further below. We may also collect information from third parties, such as our dealers, as described further below.
2. HOW WE COLLECT INFORMATION
We may collect Personal Information about you in a variety of ways, depending on your interaction with us or certain third parties. We may also supplement the information we collect about you directly and through our Platforms with information that we receive from third parties.
3. HOW WE USE THE INFORMATION WE COLLECT
We use the information we collect about and from you for a variety of business purposes such as to:
4. HOW WE SHARE INFORMATION
Except as described here, we will not provide any of your Personal Information to any third parties without your specific consent. We may share non-Personal Information, such as aggregate data and Usage Information with third parties. We may also share your information as disclosed at the time you provide your information, as set forth in this Privacy Statement and in the following circumstances:
Third Parties Providing Services On Our Behalf. We may share your Personal Information with third parties that perform functions on our behalf (or on behalf of our partners) such as service providers that host or operate our Platforms, analyze data, process transactions and payments, fulfill orders or provide customer service; advertisers; sponsors or other third parties that participate in or administer our Programs or provide marketing or promotional assistance and "powered by" partners or partners in co-branded sites. Your Personal Information may also be used by us or shared with our subsidiaries, affiliates, sponsors, partners, advertisers or other third parties to provide you with product information and promotional and other offers.
Program Partners. If you choose to participate in a Program, your Personal Information may also be shared with our Program partners and may be used by our Program partners in accordance with their own privacy policies. This Privacy Statement will not apply to that company's use of your information. Sometimes the rules, terms and conditions or disclaimers that apply to a particular Program (“Program Rules”) include additional information on how we may use the Personal Information that you provide to us through your participation in the Program. If there is a conflict between the Program Rules for a particular Program and this Privacy Statement, those applying to the particular Program will govern. Please review all of the information about a Program before you provide us with any Personal Information.
Our Affiliates and Parent Company: We may share your Personal Information with our affiliates, including but not limited to Toyota Financial Services, and our parent company, Toyota Motor Corporation. This information is primarily shared for business and operational purposes. Our affiliates may also use that information in accordance with their own privacy policies, including to market to you if you indicate your interest in related products or services.
Our Dealers and Distributors: We may share your Personal Information with our authorized dealers and their holding companies, dealer advertising associations and distributors (including local Toyota dealer associations), who may use that information in accordance with their own privacy policies, including to provide you with services or to market to you. For example, we may share information such as your name and vehicle interests with our authorized dealers to save you time during your visits and to enhance your overall dealership experience. We may also combine information about your Platform visits and share this information with our authorized dealers and other entities to provide you with enhanced experiences across Toyota-affiliated, -branded or similar Toyota-related offerings and Platforms.
Your Agreement To Have Your Personal Information Shared. You may have the opportunity to opt in to receive information and/or marketing offers from another company or to otherwise consent to the sharing of your information with a third party, including social networking sites such as Facebook or Twitter. If you agree to have your Personal Information shared, your Personal Information will be disclosed to the third party and the Personal Information you disclose will be subject to the privacy policy and business practices of that third party.
Business Transfers. In the event that Toyota is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction.
Legal Disclosure. We may transfer and disclose your information to third parties to comply with a legal obligation; when we believe in good faith that the law or a governmental authority requires it; in connection with a legal dispute; to verify or enforce our Terms of Use or other applicable policies; to address fraud, security or technical issues; to respond to an emergency; or otherwise to protect our rights or property or security of third parties, our customers and visitors or the public.
5. YOUR PRIVACY RIGHTS, CHOICE AND ACCESS.
We provide you with choices with respect to your Personal Information. If you choose to receive e-mails from us about products and other information, we strive to keep your Personal Information updated and accurate and provide you choices regarding the e-mail communications you receive from us.
If you provided Toyota with Personal Information through the Owners section of toyota.com, you may review and update that information by clicking on the Owners link on the homepage of toyota.com, registering or logging in and then clicking on "Update Profile." If you have signed up for the Toyota marketing e-mail list, you can access the Preferences page and change your user profile or unsubscribe from the Toyota e-mail list here.
For users who are not currently registered on our owner site, please call the Toyota Brand Engagement Center at 800-331-4331 to opt out from receiving e-mail communications from Toyota. If you receive an e-mail, you may opt-out at any time by following the opt-out instructions provided in the e-mail you receive. Your opt-out request will be processed within 10 days of the date on which we receive it.
If you are participating in a Program, you may be able to access and update the information you provided as part of your participation in the Program. Please see the section of the Platforms concerning the specific Program to determine if you are able to access your information and how to do so.
In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Platforms. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. It may not always be possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. We will retain your information (including geo-location data) for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We do not control certain privacy settings and preferences maintained by our social media partners like Facebook and Twitter. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.
If you are a California resident, the California Consumer Privacy Act of 2018 (“CCPA”) gives you certain privacy rights related to your Personal Information, which are in addition to any rights set forth in this Privacy Statement and the Toyota Connected Services Privacy Notice. Please visit the Toyota California Privacy Policy at https://www.toyota.com/support/california-privacy for additional information.
6. ADVERTISING/BEHAVIORAL TARGETING; HOW TO OPT OUT.
We may use third-party ad network providers to help present ads on the Platforms, as well as other service providers to evaluate and provide us with information about the use of the Platforms and viewing of our content. We do not share Personal Information with these providers (unless, of course, you give us permission). Such providers may place and access cookies, pixel tags, or similar technologies on your Device to serve you ads or other content personalized to your interests which they infer from your precise location and/or your browsing on the Platforms and other sites you have visited. In doing so, the provider collects or has access to non-Personal Information such as your Usage Information. The use of cookies, pixel tags, or similar technologies by these providers is subject to their own privacy policies, not ours.
Certain web browsers may provide an option by which you may request your browser to inform websites you visit that you do not wish your activities to be tracked by cookies or other persistent identifiers, commonly called “Do Not Track Signals.” Although the websites we own and operate, including but not limited to Toyota.com, currently do not respond to Do Not Track Signals, you may choose to opt out of our use of targeting and advertising cookies on Toyota.com by visiting Toyota.com and clicking on “Cookie Consent Options.” You may also choose to block cookies with your browser. Please note that opting out of the use of such cookies on Toyota.com will not impact the use of third-party cookies by other websites, which we do not control. In addition, even if you choose to opt out of targeted advertising, you will still see advertisements while you're browsing online. However, the advertisements you see may be less relevant to you and your interests.
7. CHILDREN.
The Platforms are not directed to children under 13. We do not knowingly collect, use or disclose personally identifiable information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian's consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.
8. SECURITY OF YOUR INFORMATION AND PHISHING SCAMS.
We take information security seriously and use certain reasonable security measures to help protect your Personal Information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the Platforms and provide us with your information at your own risk. When we collect sensitive information on our sites or within our mobile application (such as credit card number or geo-location information), we encrypt the transmission of that information using secure socket layer technology.
Beware of Phishing Scams: There have been noticeable increases in the number of suspicious e-mails claiming that the e-mail recipient has won a Toyota lottery or other promotion. Sometimes the e-mail claims that the recipient has won a new Toyota Prius. In order to claim the prize, the e-mail asks that Personal Information be sent to a Gmail or Yahoo e-mail address.
This type of e-mail solicitation is known commonly as a "phishing" scam, with the primary objective being to obtain one's Personal Information. This information can then be utilized to steal a person's identity. For example, a "Toyota Lottery" phishing scam is often sent from Chinese (.cn), German (.de) or British (.co.uk) addresses but can originate from anywhere and look very official even to the most savvy of Internet users. Toyota will never ask you to send passwords, login names, Social Security numbers, or other Personal Information through e-mail or U.S. mail or fax or text message. If you receive an email or letter by U.S. mail or fax or text message from Toyota asking you to update your credit card information, do not respond: this is a phishing scam. Recipients of suspicious e-mail like this should delete the message from their in-box and, if possible, update their e-mail filter settings to block e-mails from the e-mail address being used. The Federal Trade Commission and the Antiphishing Workgroup are also good sources of information about these types of security threats and how they may be reported to the authorities.
9. OTHER SITES.
The Platforms may contain links to other sites that we do not own or operate, such as the site for Toyota Financial Services and to sites for Toyota dealers, as well as links from advertisers, sponsors and/or partners. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices, even though they may use the Toyota name or logo on their site through an agreement with us. These other sites may send their own cookies to your Device, they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our Platforms (including those linked to through an email or social networking page).
The Platforms may make available chat rooms, forums, message boards, and news groups. Remember that any information that you disclose in these areas becomes public information and is not subject to the provisions of this Privacy Statement.
10. CONSENT TO PROCESSING AND TRANSFER OF INFORMATION.
The Platforms are governed by and operated in, and in accordance with the laws of, the United States, and are intended for the enjoyment of residents of the United States. Toyota makes no representation that the Platforms are governed by or operated in accordance with the laws of any other nation. Given that Toyota is an international business, our use of your information necessarily involves the transmission of data on an international basis. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Platforms, or providing us with any information, you (a) acknowledge that the Platforms are subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.
11. CHANGES.
We may update this Privacy Statement to reflect changes to our information practices. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on our Platforms prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
12. CONTACT US.
To contact us with a question call us at 800-331-4331 or mail your inquiry to:
Toyota Motor Sales, U.S.A., Inc.
P.O. Box 259001
Plano, TX 75025-9001
You may also obtain an update on our information practices by sending a request to:
Toyota Motor Sales, U.S.A., Inc.
P.O. Box 259001
Plano, TX 75025-9001
PERSONAL INFORMATION SHARING PRACTICES FOR 2020
(Effective as of January 01, 2021)
During 2020, we shared the following types of Personal Information about our customers with SiriusXM Satellite Radio, Toyota Financial Services, Toyota Insurance Management Solutions and our authorized Toyota dealers where the information was used for the recipient's own marketing:
Name
Address
Email address
Telephone number
Model vehicle purchased or leased
SiriusXM Satellite Radio is located at:
SiriusXM Radio
1221 Avenue of the Americas
36th Floor
New York, NY 10020
Toyota Financial Services is located at:
Toyota Financial Services - Mailstop EF10
P.O. Box 259001
Plano, TX 75025-9001
Toyota Insurance Management Services is located at:
Toyota Insurance Management Services
7600 Windrose Avenue, Suite G-240
Plano, TX 75024
Please click on the link below to view a list of authorized Toyota dealers.
Toyota dealers
You may also obtain this information by sending a request to:
Toyota Motor Sales, U.S.A., Inc.
P.O. Box 259001
Plano, TX 75025-9001
Effective Date: January 1, 2020
Last Updated: January 1, 2021
Toyota Motor Sales, U.S.A., Inc. and Toyota Motor North America, Inc. and their wholly-owned subsidiaries that share common branding with them, together with Toyota Motor Corporation (collectively, "Toyota," "us," or "our") are committed to maintaining your confidence and trust as it relates to the privacy of your information. This privacy policy is for our customers, users and website visitors who are California residents (this "California Privacy Policy") and supplements the information contained in Toyota's Online Privacy Statement located at https://www.toyota.com/support/privacy-rights (the "Toyota Privacy Statement").
Quick Links
I. OVERVIEW OF THIS CALIFORNIA PRIVACY POLICY
What is this California Privacy Policy? The California Consumer Privacy Act of 2018 ("CCPA") and other privacy laws in California give California consumers certain privacy rights related to their personal information. These rights are in addition to any privacy rights set forth in the Toyota Privacy Statement. This California Privacy Policy describes the rights that California consumers may have under the CCPA.
To which Toyota entities does this California Privacy Policy apply? This California Privacy Policy only applies to those websites operated by Toyota. Note this California Privacy Policy does not apply to any Toyota, Lexus or Scion dealers, local Toyota dealer associations, private distributors, Toyota Financial Services, Lexus Financial Services, or Toyota Insurance Management Solutions. For information about your California privacy rights for any of these entities, please contact these entities directly.
What is "personal information"? For the purposes of this California Privacy Policy, "personal information" is defined as information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or California household. Personal information does not include:
What are "California consumers"? A "California consumer" is a natural person who resides in California. For the purposes of this California Privacy Policy, a California consumer does not include persons to the extent they are (i) acting as an employee, owner, director, officer or contractor of a company, partnership, sole proprietorship, nonprofit or government agency that is doing business with Toyota or (ii) acting as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or contractor of Toyota.
II. HOW WE COLLECT, USE, AND SHARE PERSONAL INFORMATION
Toyota may collect personal information from you in different ways and for different purposes. It is important to note that the types of personal information we collect will depend on your interaction with us, including the types of products or services you use.
This section contains the Categories of Personal Information that we may have collected in the last 12 months prior to the effective date of this California Privacy Policy or may collect and includes the following information for each category:
Description: Describes the category of personal information Collected
Examples: Examples of personal information collected per category
Sources: Categories of sources from which personal information is collected
Business Purposes: The business and/or commercial purpose(s) for which personal information is collected or used
Third Parties: The categories of third parties with whom personal information is shared or sold for a business purpose.
Contact Information:
Description:
Includes attributes that identify a natural person
Examples:
Consumer name, address, phone number, email, owner account information, online identifier, user ID, and site visitor details (names, addresses, etc.) and demographic information (such as zip code, age). May also include personal identifiers such as social media IDs, and vehicle ownership
Sources:
Business Purposes:
Third Parties:
Industry research (Toyota shares data with auto-industry vendors)
Consumer Product and Service Data:
Description:
Includes consumer vehicle ownership records associated with the consumers current and/or prior owned vehicles
Examples:
Vehicle ownership transactions, Retail Delivery Report (RDR) records, recall records, warranty records, repair order records, part order records, Toyota Insurance Management Solutions insurance product records, and incentive offers accepted by a consumer
Sources:
Business Purposes:
Dealer service support (Identify and provide services to the consumer, improve timing during dealer visits, and enhance overall dealership experience)
Third Parties:
Marketing vendors (to collect or use data on behalf of Toyota to conduct marketing activities related to products or services).
Dealerships or private distributors (to provide services to vehicle owners)
Consumer Interaction Data:
Description:
Includes a consumer's interaction with Toyota via telephone, email, chat, text and/or postal mail.
Examples:
Call center records and screen, audio and/or video recordings
Sources:
Business Purposes:
Third Parties:
Augmentation vendors (to enrich Toyota data for better understanding of consumer preferences)
Consumer Online Activity:
Description:
Includes a consumer's online interactions with Toyota
Examples:
Online accounts, browsing history, cookies, IP addresses, social media information
Sources:
Business Purposes:
Third Parties:
Dealer support vendors (to use data collected by Toyota to provide services to dealers)
Vehicle Originated Data:
Description:
Includes data collected as part of vehicle remote services or driving behavior data
Examples:
Use of connected services and vehicle application suite services. Driving behavior such as acceleration and speed, steering, and braking functionality, and travel direction.
Sources:
Business Purposes:
Third Parties:
Marketing:
Description:
Includes pre and post-sale marketing interactions with a consumer
Examples:
Information collected at events, vehicle purchase negotiation information, vehicle service marketing information, direct marketing information, and retention marketing information
Sources:
Business Purposes:
Third Parties:
Media agencies (to execute media programs, advertisements, attributions; determine effectiveness of programs; and track consumer activities via internal and third-party tagging/cookies)
Research Data:
Description:
Includes personal information collected by Toyota related to consumer and product research
Examples:
Survey information, syndicated product and/or service studies, predictive behavioral studies, focus group information
Sources:
Business Purposes:
Third Parties:
Service vendors (to support Toyota in providing services such as survey, service reminders, emission testing, safety/recall programs, logistics, shipping)
Legal Activity:
Description:
Includes personal information collected related to legal claims
Examples:
Dispute, claim, reimbursement, litigation, and recalls
Sources:
Business Purposes:
Third Parties:
None applicable
In addition to the purposes and categories of third parties identified above, we may also share your personal information with the following third parties and for the following purposes:
SALE OF PERSONAL INFORMATION TO THIRD PARTIES
We may have sold the following categories of personal information about you to third parties in the prior twelve (12) months:
However, we do not sell the personal information of minors under the age of 16 without affirmative authorization. For more information about opting out of this sale, please see Section III.C (Right to Opt-Out of Sale of Your Personal Information) below.
III. CCPA RIGHTS FOR CALIFORNIA CONSUMERS
The CCPA provides California consumers with certain rights regarding their personal information. This Section III explains those rights. If you are a California consumer and would like to exercise any of those rights, please see Section III.E (How to Submit a Request) below for more information on how to submit a request.
A. RIGHT TO KNOW ABOUT AND ACCESS YOUR PERSONAL INFORMATION
If you are a California consumer, you may have the right to request that Toyota provide you with information regarding what personal information about you we have collected, used, disclosed or sold in the preceding twelve (12) months. Once we receive your request and verify your identity, we will disclose to you the following:
B. RIGHT TO DELETE YOUR PERSONAL INFORMATION
If you are a California consumer, you may have the right to request that Toyota delete certain of your personal information that we have collected from you. However, this right to deletion does not apply to any of your personal information that is subject to an exception under the CCPA (as described below). Once we receive your request and verify your identity, we will delete (and direct our service providers to delete) your personal information in our records that is not subject to any of the CCPA exceptions. Specifically, we may deny your deletion request if your personal information is required for any of the following reasons, which we will identify in our response to you if we deny your request:
C. RIGHT TO OPT-OUT OF THE SALE OF YOUR PERSONAL INFORMATION
If you are a California consumer, you may have the right to request that Toyota stop selling certain or all of your personal information. Once we receive your request and verify your identity, we will process your request as soon as feasibly possible and will also provide notification of your request to any third parties to whom we sold your personal information in the ninety (90) days prior to your request. You may also use an authorized agent to submit a request to opt-out on your behalf, as long as you provide the authorized agent with written permission to do so and the agent provides such proof to us when they submit your request. If you opt-out and subsequently enter into any transactions where a sale of your personal information is required as a condition of completing the transaction, we will provide you with instructions on how you may opt back in. In addition, your opt-out will not affect any situations where you direct us to transfer your personal information to a third party.
D. RIGHT TO NON-DISCRIMINATION
Toyota will not discriminate against any California consumer who exercises any of the rights described above. Specifically, we will not deny you goods or services; charge you different prices or rates, including through granting discounts or other benefits, or imposing penalties; provide you with a different level of service or quality of goods or services; or suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
E. HOW TO SUBMIT A REQUEST
If you are a California consumer and would like to exercise any of the CCPA rights identified above, you may submit a request by either completing the online request form at https://privacy.toyota.com/ or by calling us at 855-226-4048.
F. SUBMITTING A REQUEST THROUGH YOUR AUTHORIZED AGENT
If you are a California consumer, you may have the option to designate an authorized agent to submit a request on your behalf, so long the authorized agent has your written permission to do so and you have taken steps to verify your identity directly with us. If you would like to designate an agent, your agent must register as such with the California Secretary of State and submit a copy of this registration along with your consumer request to us. We may need to contact you directly to verify the request.
G. HOW WE VERIFY YOUR REQUEST
We cannot fulfill your request or provide you with your personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us.
To verify your identity, we will ask that you provide the following personal information when you submit your request:
You may need to provide additional information as part of your responses to our identity verification questions. We will only use this information to confirm your identity which may include the use of a third-party identity verification service. In the event we use a third-party identity verification service, our third-party identification verification tool will ask you certain identity verification questions and match those answers with what it has in its database. Depending on your type of request or the information requested by you, we may require additional information in order to verify your identity and fulfill your request.
If we cannot successfully verify your identity, we will inform you of that fact.
We will respond to your request within forty-five (45) days. However, in certain circumstances, we may require additional time to process your request, as permitted by the CCPA or other applicable law. We will advise you within forty-five (45) days after receiving your request if such an extension is necessary and why it is needed. Any disclosures we provide will only cover the 12-month period preceding our receipt of your verifiable consumer request.
If we cannot fulfill your request, our response to you will also explain the reason why we cannot fulfill your request.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
You may only make a verifiable consumer request to know about or access your personal information twice within a 12-month period.
IV. METRICS
"Do Not Sell My Personal Information" (Toyota and Lexus)
Total requests: 3594
Requests complied with in whole or in part: 3248
Requests denied:* 346
Median number of calendar days to complete (July 1, 2020 to December 31, 2020): 10
Median number of calendar days to complete requests in 2020: 27
"Get My Personal Information" (Toyota and Lexus)
Total requests: 233
Requests complied with in whole or in part: 162
Requests denied:** 71
Median number of calendar days to complete requests: 27
"Delete My Personal Information" (Toyota and Lexus)
Total requests: 623
Requests complied with in whole or in part: 476
Requests denied:** 147
Median number of calendar days to complete requests: 36
*Includes requests that failed matching with TMNA's internal system of consumer records, any canceled requests where the submission failed to register with TMNA’s privacy tool, or when the consumer explicitly requested cancellation of their request.
**Includes those requests that failed verification with TMNA’s third-party provider, failed matching with TMNA's internal system of consumer records, any canceled requests where the submission failed to register with TMNA’s privacy tool, or when the consumer explicitly requested cancellation of their request.
V. CONTACT US; EXERCISE YOUR RIGHTS
If you have any questions or concerns regarding this California Privacy Policy or our privacy practices, please contact us using one of the methods provided below:
Last Updated Date: January 1, 2021
These Terms of Use (the "Terms") set forth the legally binding terms governing your access to and use of the Toyota family of Web sites, Web pages, interactive features, applications, widgets, blogs and their respective contents and unless otherwise indicated, any other interactive content that links to the Toyota family of Web sites owned and/or U.S.A., Inc. (hereinafter referred to as "Toyota"), and any materials on the Sites are owned by Toyota or its operated by Toyota (as defined herein) (collectively, the "Sites"). The Sites are operated by Toyota Motor Sales, affiliated companies, or licensed by Toyota from third parties and posted on the Sites.
These Terms apply to all persons who visit any of the Sites ("Visitors"), regardless of the Visitor's level of participation. In these Terms, "you" and "your" refer to each Visitor and his or her agents (unless the context requires otherwise), and "we", "us" and "our" refer collectively to Toyota. These Terms explain our obligations to you, and your obligations to us in relation to the use of the Sites. By accessing and visiting any of the Sites you accept and agree to be bound by these Terms, any applicable Additional Terms (as defined below), and our Privacy Policy.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER. DO NOT ACCESS OR USE ANY OF THE SITES IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.
THE SITES ARE ONLY INTENDED FOR VIEWING IN THE CONTINENTAL UNITED STATES IF YOU ARE EIGHTEEN (18) YEARS OR OLDER AND NOT A MINOR IN YOUR STATE OF RESIDENCE. If you are not an intended viewer, kindly do not use or view any of the Sites.
We may at any time revise these Terms by updating these Terms. All revisions to these Terms are effective immediately when we post them and apply to use of the Sites thereafter. The "Last Updated Date" at the top of this Agreement will indicate when the latest modifications were made. To the fullest extent permitted under applicable law, your continued use of any of the Sites constitutes your agreement to any modified Terms, and you should therefore visit the Terms to review the current Terms from time to time. Furthermore, unless explicitly stated otherwise, any new features or services that augment or enhance the Sites in the future shall be considered part of the Sites and subject to these Terms. We reserve the right at any time and from time to time to interrupt, restrict, modify, suspend, discontinue, temporarily or permanently, any or all of the Sites (or any portion thereof), with or without notice to you, and you agree that Toyota shall not be liable to you or to any third party for any modification, suspension or discontinuance of any or all of the Sites. Moreover, we may terminate these Terms for any or no reason, and with or without notice to you. Your rights under these Terms will terminate automatically without notice from us if you fail to comply with any provision of these Terms. Upon termination of these Terms, you shall cease all use of the Sites.
Certain features of the Sites may require you to download content, software and/or agree to additional terms and conditions, policies and disclaimers (collectively, "Additional Terms"), which are hereby incorporated by reference into these Terms unless expressly set forth otherwise in such Additional Terms. If there is a conflict between these Terms and any Additional Terms, the Additional Terms will control with respect to the specific feature.
NOTE THAT THESE TERMS APPLY ONLY TO THESE SITES; OTHER SITES PROVIDED BY TOYOTA OR PROVIDED BY TOYOTA'S DEALERS, DEALER ASSOCIATIONS AND DISTRIBUTORS MAY HAVE SEPARATE TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES.
These Sites are for your personal, non-commercial use. Any other use of the Sites requires the prior written consent of Toyota.
1. DESCRIPTION OF THE SITES.
The Sites contain information regarding Toyota and its products, services and promotional programs, including advertising, Toyota Trademarks (as defined below), pictures, information, digital images, featured articles, surveys, applications, contests and sweepstakes, and other content (collectively, "Content"), all of which is protected under copyright law and/or other federal and state laws. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms now known or later invented.
The Toyota products and services described on the Sites contain uniquely American specifications and equipment and are offered only in the continental U.S.A. The promotional programs offered on the Sites are only available in the continental U.S.A. and may be limited to particular states as described by the terms of such programs.
2. SIGN UP TO RECEIVE INFORMATION; ACCOUNT REGISTRATION.
You may opt-in to receive marketing materials from Toyota, including news and special event and new vehicle information. If you opt-in you may be asked to provide your Personal Information (as defined below) to us so we can fulfill your request. It is completely voluntarily to opt-in to receive these materials.
You may also opt-out of receiving any marketing materials from Toyota at any time by clicking here.
If you opt-in to receive information from Toyota, you may be required to provide your personally identifiable information, such as your name, address, phone number or email address ("Personal Information"). Further, if you register on any of the Sites, you may be asked to provide additional information, including your Vehicle Identification Number. Please see our Privacy Policy for more information on how we protect your Personal Information.
If you opt-in to receive information from Toyota, you agree to provide true, accurate and complete information about yourself as prompted by the online or mobile forms. You may also have the opportunity to register for an account on the Sites ("Account") to access and use certain features of the Sites, including certain applications offered by Toyota and certain specially-tailored products and services (e.g., for Toyota Owners). If we have reasonable grounds (as determined by us in our sole discretion) to suspect that the Personal Information you provide for opt-in or registration purposes is untrue, inaccurate or incomplete, we have the right to refuse, with or without notice, any and all current or future requests you make through the Sites and/or to suspend or terminate your Account.
We shall have no liability associated with or arising from your failure to maintain accurate Personal Information in connection with your Account, including, but not limited to, your failure to receive critical information about Toyota and/or the Sites.
Your selection and use of an Account username and password, and any other information required for security access and authentication purposes, are subject to these Terms. You agree not to share your username, password and any security-related information with anyone. You are responsible for all use of your Account and for ensuring that access to and use of your Account complies fully with these Terms. You acknowledge and agree that any use of your Account through your username, password and security information shall be deemed to be your actions which we may rely upon. You are solely responsible for protecting the confidentiality and security of your Account.
3. OWNERSHIP AND USE OF THE SITES.
Toyota or its affiliates own all right, title, and interest, and/or have a valid right to use and sublicense the Sites and all Content on the Sites, including, without limitation, all trademarks, service marks, logos and trade names used on the Sites (collectively, "Trademarks").
Toyota grants you a limited, non-exclusive, non-transferable, revocable right and license to access and use the Sites (including the Content and Mobile Services (as defined below)) for your own personal non-commercial use, subject to your compliance with these Terms, including, without limitation, the restrictions on use of the Sites. Toyota may, in its sole discretion, suspend, discontinue or terminate this license to you at any time for any reason.
Toyota reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel any or all of the Sites' operation, or portions thereof, with or without notice to you. You acknowledge and agree that Toyota will not be liable to you or any third party for any such modification, suspension, discontinuation or cancellation of any or all of the Sites' operation.
4. RESTRICTIONS ON ACCESSING AND USING THE SITES.
As a condition to accessing and using the Sites in accordance with the license granted to you under these Terms, you agree to comply with the following rules:
In addition, you agree to comply with all applicable laws, regulations and other legal requirements relating to your access to and use of the Sites.
You agree to immediately notify us if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms, including any unauthorized access to your Account. If you notify us or if we otherwise suspect such activity, you agree to cooperate with us in any investigation and to use any prevention measures we prescribe.
5. MOBILE SERVICES/APPLICATIONS AVAILABLE THROUGH THE SITES.
If permitted or available through any feature or service on any of the Sites, you (a) upload content to any of the Sites or download content from any of the Sites via a mobile device, (b) receive and reply to messages from or on any of the Sites, or to access or make posts using text messaging, (c) browse any of the Sites from your mobile device and/or (d) access certain features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"), you must have a mobile communications subscription (or have the consent of the subscriber of such mobile device) for the necessary carrier services with a participating carrier or otherwise have access to a mobile communications network through which Toyota makes the Mobile Services available. You are responsible for any and all service fees associated with any such mobile access, including text messaging charges for each text message you send and receive on your mobile device, and all applicable data fees.
Your use of certain of the Mobile Services may incur charges and be subject to other terms from Toyota, which charges and other terms will be provided to you via separate terms and conditions for the applicable Mobile Services. For instance, all terms and conditions applicable to your use and download of the Entune ® App Suite application may be found here. Additionally, please check your wireless plan because your carrier's per-minute, text messaging, and data or other charges may apply. You must provide at your own expense the equipment and wireless connections needed for you to use the Mobile Services, and you are solely responsible for any costs you incur to access the Mobile Services. You should keep in mind that the use of the Mobile Services to send content to another person via email or SMS (Short Message Service, or "text messaging") may result in wireless charges to both the sender and the receiver.
6. DOWNLOADS FROM THE SITES.
When you download any Content from any of the Sites (a "Download"), you understand that it is owned by Toyota, its affiliates and/or licensors, as applicable, and is protected by intellectual property laws. Toyota hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to download and use the object code version of the Download(s) on your own computer and/or mobile device that is compatible solely for your own personal non-commercial use. You acknowledge and agree that you may not reproduce, duplicate, modify, perform, transfer, post, distribute, sell, create derivative works of or otherwise use or make available the Download(s). No license is granted to you in the human readable code, known as the source code, of the content downloaded, and no rights are granted to you in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the content of any Download(s). You may not depict any Downloads on any merchandise or products of any kind or otherwise use any Downloads for commercial purposes. You must provide all equipment and software necessary to connect to the Sites, including, but not limited to, a computer (with internet access) that is in working order and suitable for use in connection with the Sites. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with Toyota's operations or the Sites. See Disclaimer of Warranties and Limitation of Liabilities for details related to downloads from Sites.
7. THIRD-PARTY PRODUCTS AND SERVICES AND LINKS.
The Sites may contain links to other Web sites ("Third-Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third-Party Applications, Software or Content"). Such Third-Party Sites and Third-Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, legality, timeliness, authenticity, reliability, or completeness by us, and none of the Toyota Entities (as defined below) are responsible for any Third-Party Sites accessed through the Sites or any Third-Party Applications, Software or Content posted on, available through or installed from the Sites, including without limitation, the content, accuracy, offensiveness, opinions, reliability, legality, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software or Content does not imply approval or endorsement thereof by us (or any of the other Toyota Entities).
If you decide to leave any of the Sites and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that, unless otherwise indicated, these Terms and any other Toyota terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site and any Third-Party Applications, Software or Content to which you navigate from any of the Sites or relating to any applications you use or install from any of the Sites.
We may also make available or provide access to products, services, or applications of Third Parties. Such products, services, and applications shall be purchased and/or obtained directly from such Third Party. NO TOYOTA ENTITY SHALL BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS, SERVICES OR APPLICATIONS OF THIRD PARTIES. NO TOYOTA ENTITY SHALL BE RESPONSIBLE FOR THE CONTENTS OF ANY WEB SITE OR MOBILE SITE LINKED TO THE SITES, AND THE FACT SUCH LINKS ARE PROVIDED ON THE SITES DOES NOT INDICATE OUR APPROVAL OR ENDORSEMENT OF ANY MATERIAL CONTAINED ON ANY LINKED WEB SITE OR MOBILE SITE. YOUR CONNECTION TO AND USE OF ANY SUCH LINKED WEB SITE OR MOBILE SITE IS AT YOUR OWN RISK.
Any Visitor including a link to the Sites or any Content or other information on any Third-Party Site or in any Third-Party Applications, Software or Content must follow the Guidelines for External Sites set forth herein.
If you would like to use Content or information or provide a link to any part of any of the Sites from any Third-Party Site or in any Third-Party Applications, Software or Content, you must read and agree to comply with the following guidelines and all applicable laws.
External Third-Party Site Use of Toyota Information
Third-Party Sites must have prior written approval before using any text, trademarks, graphics, photographs, or other materials or content from any Toyota source, such as any of the Sites, and other websites, brochures or other media operated or provided by any Toyota Entity.
Third-Party Sites and Third-Party Applications, Software or Content may use brand or model names in Web site text only to the extent reasonably necessary to identify Toyota products. Any other use of any Toyota Trademark is prohibited without prior written Toyota approval.
External Third-Party Site Naming Guidelines
Third-Party Sites and Third-Party Applications, Software or Content may not use a brand, product name or other confusingly similar word or group of letters in a domain name that is similar to any Trademark of Toyota and/or its affiliated companies without prior written Toyota approval.
No Misrepresentation
Third-Party Sites and Third-Party Applications, Software or Content must not in any way imply that Toyota is endorsing it or its products or services; must not misrepresent its relationship with Toyota; must not present false information about Toyota; must not be a Web site that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations; and must not be a website that contains content that could be construed as distasteful, offensive or controversial.
Linking to any of the Sites
Third-Party Sites and Third-Party Applications, Software or Content may not use links to any part of any of the Sites in any way that implies sponsorship by or affiliation with Toyota. Furthermore, when linking to any part of the Sites, the Third-Party Site and Third-Party Applications, Software or Content may not appear as a frame within the applicable page(s) of the Sites that provides the link or appear in any way that makes the destination site appear to be content belonging to the site containing the link.
External Third-Party Site Disclaimer
Any Third-Party Site and Third-Party Applications, Software or Content using Content, information from or linking to any part of the Sites must include a prominently displayed disclaimer on the home page stating that such Third-Party Site is not authorized by or affiliated with Toyota.
8. USER CONTENT AND CONDUCT
Where applicable on the Sites, you may be invited to post your own content ("User Content") understand that all User Content is your sole responsibility. Though the Sites are designed to be a safe place to share such User Content, we cannot guarantee that other users and Visitors will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, images, videos, personal information, name, home address, telephone number, etc.), do not post it to the Sites. Under no circumstances will Toyota be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Sites. TOYOTA IS NOT RESPONSIBLE FOR A USER'S OR VISITOR'S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SITES.
By posting any User Content at the Sites, you hereby grant Toyota a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any "moral rights" in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Sites or otherwise have the right to grant the license set forth in this Section; and the posting of your User Content on or through the Sites does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees and any other monies owing any person by reason of any User Content you posted to or through the Sites.
You acknowledge and agree that Toyota may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any User Content violates the rights of third parties; or protect the rights, property, or personal safety of Toyota, its customers, Visitors, and the public. You understand that the technical processing and transmission of the Sites, including your User Content, may involve: transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to Toyota worldwide. Posting of User Content to or through the Sites, including ideas or disclosures of opinions, is voluntary on your part. No confidential or additional contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. Toyota shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Sites. TOYOTA SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE SITES, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.
You agree that you will not use the Sites to:
You understand that by using the Sites, you may be exposed to User Content created by others that is offensive, indecent or objectionable. Toyota does not endorse or have control over what is posted as User Content. User Content is not reviewed by Toyota prior to posting and does not reflect the opinions or policies of Toyota. Toyota makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Sites. Toyota assumes no responsibility for monitoring the Sites for inappropriate submissions or conduct, but reserves the right to do so. If at any time Toyota chooses, in its sole discretion, to monitor the Sites, Toyota nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the users or Visitors submitting any such User Content. Notwithstanding the foregoing, Toyota and its designees shall have the right to remove any User Content at any time, without notice and for any reason, including but not limited to, content that violates this Agreement or is otherwise objectionable, in Toyota's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content. Toyota may store User Content indefinitely. However, Toyota has no obligation to store User Content or make it available to you in the future.
You are solely responsible for your interactions with other Sites users and Visitors. Toyota reserves the right, but has no obligation, to monitor disputes between you and other Sites users and Visitors. Toyota reserves the right to terminate your access to the Sites if Toyota determines, in its sole discretion, that doing so is prudent.
You may submit reviews or other feedback on the Sites. Any comments, suggestions, or feedback relating to the Sites (collectively "Feedback") submitted to Toyota shall become the property of Toyota. Toyota will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, services, application, site, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the Sites, or its operations or business, in the future. Without limitation, Toyota will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Toyota, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.
9. COPYRIGHT AGENT.
We respect the intellectual property of others, and we ask all Visitors to the Sites to do the same. If you are the owner of a United States copyright and you believe that your work has been copied on any of the Sites in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact and provide our Copyright Agent with the following information:
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By Mail:
Copyright Agent
Toyota Motor Sales, U.S.A., Inc.
P.O. Box 259001
Plano, TX 75025-9001
By phone: 1-800-331-4331
By facsimile: 310-468-7814
By email: DMCA@toyota.com
10. OTHER COMPLAINTS AND COMMENTS TO TOYOTA.
Communication to Toyota with respect to any product or service complaint should be directed to the applicable Toyota dealer or to Toyota's Customer Relations Services at 800-331-4331, and not through the Sites. Please do not submit ideas or suggestions regarding current or future Toyota products, promotions or advertising. For legal reasons, we do not accept such unsolicited ideas or suggestions.
11. FORWARD TO A FRIEND OPPORTUNITIES.
You may forward information from any of the Sites to another individual person (a "Friend"), including via an email originating from any of the Sites. We may request that you submit information about your Friends, including, without limitation, email addresses, social networks, including but not limited to, Facebook and Twitter, and their personal names so that they may receive the information you request to be sent to them. We will use and store any such information or Personal Information that we collect from you about a Friend only to the extent necessary to carry out your request, and we will not use any such information for any other purpose unless the Friend consents to the use for such other purpose. We reserve the right to limit the number of Friends you can submit or to limit the number of transmissions to any particular Friends from time to time. You may not withdraw the contact information you provide for a Friend once it has been submitted. The contact information for a Friend must be valid and functioning in order for us to contact him or her with the information you have requested that we send to your Friend. We will not be responsible for validating your Friend's contact information you provide. We may elect NOT to communicate with any email address if it appears to be on any of our "do not contact" or "do not email" lists, but are not required to make such an election. Moreover, we will not communicate with any Friend via text message unless your Friend opts-in to receive text messages from Toyota. In addition, we reserve the right to reject any request you make to forward to a Friend or email a Friend if (a) the contact information provided by you is incorrect or not valid, or (b) we determine in our sole discretion that the participation of such individual might be harmful to us, the Sites, any Service, or any third party for any reason. We specifically disclaim any liability for exercising such right.
12. PRIVACY.
You should review our Privacy Policy at https://toyota.com/support/privacy-rights for an explanation of our collection and use of personal information, and our tracking and targeting of your actions on and/or through the Sites, before further using the Sites, as you will be bound by the terms of such Privacy Policy, which is incorporated herein by reference.
Toyota Safety Connect® Connected Vehicle Services
Your vehicle may be equipped with Connected Vehicle Services technology that electronically transmits Vehicle Data to Toyota. These Services are called Safety Connect®. You should review our Connected Vehicle Services Privacy and Protection Notice at www.toyota.com/privacyvts for an explanation of our collection and use of your Vehicle Data and Personal Information for Toyota Safety Connect®.
13. INDEMNITY AND HOLD HARMLESS.
You agree to defend, indemnify and hold harmless Toyota and its parent, subsidiaries and affiliates, and their respective distributors, dealers, dealer associations and advertising and promotions agencies, licensors and contractors, together with each of their respective employees, agents, directors, officers and shareholders (collectively, "Toyota Entities", each a "Toyota Entity"), from and against all the liabilities, claims, damages and expenses (including reasonable attorneys' fees and costs) arising out of your use of the Sites, your breach or alleged breach of any of these Terms, or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties with respect to any User Content you post to the Site.
14. DISCLAIMER OF WARRANTIES.
You understand and agree that your use of the Sites, any services of the Sites, and any downloads, is solely at your own risk and that you will be solely responsible for any damage to your mobile device or computer or any other equipment or loss of data that may result from your use of the Sites.
The Sites and the Content are provided on an "AS IS" and "AS AVAILABLE" basis without any warranty of any kind, expressed, implied or statutory. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Toyota makes no warranties that the Sites or any Content or other material obtained through herein will meet your requirements, or that the Sites will be uninterrupted, timely, secure, non-infringing or error-free. You understand and agree that you are responsible for any and all charges, costs and/or expenses for access to or use of the Sites, including any Mobile Services. No advice or information, whether oral or written, obtained by you from us or through the Sites shall create any warranty not expressly made herein. You may not rely on any such information or advice. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. We assume no liability or responsibility for any performance degradation, interruption or delays of any of the Sites, or errors or omissions in any Content or other materials on or through the Sites. We do not make any warranty or representation that your use of the material displayed on, or obtained through, the Sites is non-infringing of any rights of any third party.
Any decision or action taken by you on the basis of information or content provided on the Sites is at your sole discretion and risk. We are not responsible or liable for any such decision, or for the accuracy, completeness, usefulness, or availability of any content displayed, transmitted, or otherwise made available on the Sites.
15. LIMITATION OF LIABILITIES.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT THE ENTIRE LIABILITY OF ANY TOYOTA ENTITY TO YOU OR ANY THIRD PERSON, AND THAT YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THESE TERMS OF USE AND/OR FOR ANY BREACH OF THESE TERMS IS SOLELY LIMITED TO THE AMOUNT OF FIFTY CENTS ($0.50). EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, NO TOYOTA ENTITY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.
16. NO OFFER TO SELL OR LEASE.
All of the information contained in the Sites is for informational purposes only, and in no way constitutes an offer to enter into any transaction for a Toyota vehicle, or other Toyota product or service. The purchase of any Toyota vehicle shall be subject to the terms and conditions of the applicable sale, lease or retail installment contract. Any MSRP (Manufacturer's Suggested Retail Price) listed on any of the Sites are in U.S. dollars only and exclude tax, title, license and registration. Actual dealer price may vary. The Sites shall not be used or relied upon by you as a substitute for information that is available to you from an authorized Toyota automobile or parts dealer.
17. MISCELLANEOUS.
(a) Notices and Announcements: Except as expressly provided otherwise herein, all notices to Toyota shall be in writing and delivered via overnight courier or certified mail, return receipt requested to:
Toyota Motor Sales, U.S.A., Inc.
P.O. Box 259001
Plano, TX 75025-9001
(b) Severability: If any provision of these Terms are unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
(c) Applicable Law: These Terms and any disputes arising under or related to these Terms will be governed by the laws of the State of Texas, without reference to its conflict of law principles.
(d) Entire Agreement: These Terms constitute the entire, complete and exclusive agreement between you and us regarding the Sites and supersedes all prior agreements and understandings with respect to the subject matter of these Terms.
(e) Waiver: The remedies of Toyota set forth in these Terms shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. Any failure by us, at any time or from time to time, to enforce any of our rights under these Terms shall not constitute a waiver of such right.
18. DISPUTES/ARBITRATION.
PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
It is Toyota's goal that the Sites meet your expectations and that you are satisfied. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, Toyota is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Toyota, you acknowledge and agree that you will first give Toyota an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to Toyota Motor North America, c/o Toyota Motor Sales, U.S.A., Inc., Toyota Customer Experience Center, P.O. Box 259001 – Web Services, Plano, TX 75025-9001. You then agree to negotiate with Toyota in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Toyota's receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of any of the Sites and these Terms shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any of the Toyota Entities' or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that there is no adequate remedy at law and that injunctive or other appropriate relief may be sought by the Toyota Entities and/or the applicable third party(ies) either in court or from an arbitrator. You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision). To the extent that the Federal Arbitration Act and federal arbitration law do not supply substantive law necessary for the resolution of any disputes or claims, the laws of the State of Texas shall apply, except that Texas laws concerning choice of law or conflict of laws shall not apply if they would cause the substantive law of another jurisdiction to apply. To the extent that the parties litigate any part of any dispute or claim in court, including, without limitation, obtaining provisional remedies in aid of arbitration, confirmation of the award, and judgment enforcement, the laws of the State of Texas shall apply, except that Texas laws concerning choice of law or conflict of laws shall not apply if they would cause the substantive law of another jurisdiction to apply.
Arbitration under this Agreement shall be conducted by the American Arbitration Association ("AAA"). The arbitration shall be administered by AAA pursuant to its Consumer Arbitration Rules. If the arbitration results in an award, then judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and we agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. You agree that any claim for or award of attorneys' fees, including such claim or award pursuant of Chapter 38 of Texas Civil Practice and Remedies Code, is waived. An arbitrator may award on an individual basis any relief. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER VISITOR OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND TOYOTA BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
In no event shall any claim, action or proceeding by you related in any way to this Agreement be instituted more than two (2) years after the cause of action arose.
19. CONTACT US.
If you have any questions, complaints or claims about any of the Sites, or if you are having any technical difficulties with any of the Sites, please email us through https://www.toyota.com/support/#!/app/ask or call us at 800-331-4331.
Toyota is committed to accessibility, diversity, and inclusion for all of its guests. We believe everyone should be able to visit Toyota.com, use our mobile apps, and access our service easily. We welcome feedback. If you notice any content, feature or functionality of the Site that you believe is not fully accessible to people with disabilities, please contact us and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your input seriously and will consider all feedback received as we evaluate ways to accommodate our customers and continuously improve our overall accessibility polices.