Privacy Statement
Effective Date: September 1, 2025
1. Introduction
John Elway Harley-Davidson ("us", "our" or "we") respects your privacy and is committed to protecting it through our compliance with this Privacy Statement. This Privacy Statement explains what information we collect from or about visitors to https://www.johnelwayhd.com (“Website”), how we use it, and who we share it with, along with the rights and choices you may have with respect to your information.
This Privacy Statement applies to visitors and users of our Website. Please read this Privacy Statement carefully to understand our policies and practices regarding your information and how we will treat it. This Privacy Statement, together with our Terms of Use, forms an integral and binding part of our relationship with you. By using our Website, you agree to the terms of this Privacy Statement and the Terms of Use. If you object to our data collection practices or any of the provisions in this Privacy Statement, your choice is to stop using our Website.
2. Updates and Effective Date
From time to time, we may update this Privacy Statement to reflect changes in the function of our Website or changes in our technology and use of data. If we make a change to this Privacy Statement that materially reduces your rights or significantly changes the way we use or share your personal information, we will notify you via a banner or similar display on our Website. If you object to any of the changes we make, your choice is to stop using our Website. By continuing to use our services following the effective date of such changes, you agree to our Privacy Statement as modified. The date this Privacy Statement was last modified is identified at the top of this page.
3. Information Collection
When you visit our Website, we collect a variety of information from and about you and your device, including information that identifies you directly. This section describes what information we collect in connection with your use of our Website.
a. Information You Provide
You can generally browse our Website without creating an account or providing personally identifiable information. However, in order to access or utilize some features of our Website, you will be required to provide certain information. For example, you can submit a request form if you are interested in requesting more information regarding a vehicle or equipment advertised on our Website or scheduling service for a vehicle or equipment you already own, which form will ask you for your name, phone number, email address, and mailing address. You may also choose to order and buy products, enter promotions, sweepstakes or other contests, participate in a survey, subscribe to our newsletter, complete a “Contact Us” form, or otherwise communicate with us, all of which will require the submission of some personally identifiable information. If you provide us with your personally identifiable information, you are giving us permission to use that information for the specific purpose for which it is provided and for any other purpose described in this Privacy Statement.
b. Automatic Collection
As you navigate through and interact with our Website, we may also use automatic data collection technologies to collect certain information about you and your device, as described in this section.
i. Activity Information
We collect information about how you use our Website, such as your search history, business opportunities you view, what pages you’ve clicked on and other uses of our features, and the amount of time you spend looking at different parts of our Website.
ii. Device Information
We collect data about the browsers and devices you use to access our Website. The data we collect includes browser or device model and settings, operating system, unique identifiers and (including device ID). We also collect data about how your browsers and devices interact with our services, including IP address, crash reports, system activity, and the date, time, and the URL of the site you visited before our website.
You can control our collection of certain mobile data, such as your mobile device model or the language your mobile device uses, by adjusting the privacy and security settings on your mobile device.
iii. Location Information
We may collect location information from your device or browser, including to provide localized search results. You can disable browser location services through your browser settings.
iv. Cookies and Other Tracking Tech
We may use various tools, including cookies, pixel tags, web beacons and other similar technologies, to gather behavioral analytics, including information about how you view and use our Website, and to enhance your experience with our Website. For example, many of our web pages use cookies to help us understand site usage and browsing patterns, improve the content and offerings on our Website, or personalize your experience. This information helps us to provide you with a better user experience by enabling us to compile statistics and measures of user satisfaction, store information about your preferences, allowing us to customize our Website according to your individual interests, speed up your searches, recognize you when you return to our Website, and to continually improve our Websites. Some of this information is collected and compiled by third-party service providers. However, the use of cookies and other tracking technologies by our partners and third-party service providers is not covered by this Privacy Statement, as we do not have access or control over these tracking technologies.
v. Google Analytics and Google Adwords
In addition to using cookies and related technologies as described above, we may use Google Analytics to help us understand how our customers use our Website. Please see Google’s privacy policy, currently available at https://policies.google.com/technologies/partner-sites, for more information on how Google collects and uses such information. If you would like to opt-out of having your site activity available to Google Analytics, you can download the Google Analytics Opt-Out Browser Add-On.
We may also use third party vendor re-marketing tracking cookies, including the Google Adwords tracking cookie. This means we will continue to show ads to you across the internet. As always, we respect your privacy and are not collecting any identifiable information through the use of Google’s or any other third party remarketing system. If you don’t want to see our ads, you can opt-out of interest-based advertising here http://optout.networkadvertising.org/.
vi. Polaris Disclosure
This Website is provided in part using shared web technologies provided by or on behalf of Polaris Sales, Inc., including certain tracking technologies that allow Polaris Sales, Inc. to monitor your activity on this site, and the characteristics of your browser and device. These technologies may include cookies, pixels, JavaScript snippets, web beacons, SDKs, server logs and other mechanisms.
vii. Do-Not-Track Signals/Global Privacy Control
Certain websites and other technology can track their users over time to, for instance, provide targeted advertising. Do Not Track mechanisms and Global Opt Out/Global Privacy Control options allow Internet users to control, and where desired, prevent, the tracking of their online activities across such websites and technology. Our Website currently does not support the Do Not Track browser or any Global Opt Out/Global Privacy Control option. Please see the “Privacy Choices” section of this Privacy Statement for more information on how you can manage how your data can be used by us and/or third-party service providers.
c. Third Party Features
Please note that our Website may include features operated and powered by third parties, such as applications for loan prequalification, trade-in estimators, and vehicle or equipment reservation tools. Any information you submit to a third party is subject to their privacy policy. We have no control over and assume no responsibility for the privacy policies or practices of such third parties, and we strongly encourage you to review each party’s privacy policy before submitting personally identifiable information.
4. Use of Information
To the extent permitted by applicable law, we may use information that we collect about you or that you provide to us as follows:
To fulfill the reason you provided the information (e.g., to provide more information on a vehicle or contact you regarding any service appointments);
To provide you with the products and services you request;
To operate, support, personalize, and develop our Website;
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses;
To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website and via email or text message (with your consent, where required by law);
To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets;
For testing, research, analysis, and product development, including to develop and improve our Website, products, and services;
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
To enforce our legal rights and to protect the rights, property, or safety of Franchise Ventures, our clients, or others; and
For any other purposes with your consent.
Please note that we may aggregate data and information provided by or collected from multiple users (which may include you) in a manner that is not personally identifiable to any individual user. All non-personally identifiable information we collect and all aggregated/compilations of data we create are our exclusive property. Nothing in this Privacy Statement limits our right to use any such non-personally identifiable or aggregated information in any way (including, but not limited to, monitoring user traffic patterns, analyzing and quantifying user preferences, improving the design and content of our Website, and enabling us to personalize your user experience) or prohibits us from sharing non-personally identifiable or aggregated information with third parties.
5. Disclosure of Your Information
We disclose your information to third parties when you request or instruct us to do so. We also may disclose information that we collect about you or that you provide us as follows:
To contractors, service providers, and other third parties we use to support our business (e.g., companies that analyze data and provide search results and links);
In connection with a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business for the purpose of evaluating and/or performing the proposed transaction (including in connection with any bankruptcy or similar proceedings). These purposes may include, as examples, permitting such parties to determine whether to proceed or continue with the transaction, fulfilling any reporting or audit requirements to such parties, and/or disclosing personal information as part of concluding a sale or transfer of assets. Our successors and assigns may collect, use and disclose your personal information for substantially the same purposes as those set out in this Privacy Statement. In the event the transaction does not go through, we will require, by contract, the other party or parties to the transaction not to use or disclose your personal information in any manner whatsoever for any purpose, and to return or destroy such personal information;
To unaffiliated third parties when we believe its release is appropriate to comply with the law, enforce or apply our Terms of Use and other agreements, or protect the rights, property or safety of our company, our users or others. This includes exchanging information with other unaffiliated third parties in connection with fraud protection;
To comply with a legal process, such as a court order, subpoena, search warrant, or law enforcement request.
6. Privacy Choices
a. Cookies and Other Tracking Tech
If you are using our Website, you can limit certain automatic data collection processes, including by setting your browser to refuse all or some browser cookies, or alert you when cookies are being sent. If you disable or refuse cookies, please note that some of the parts of this website may be inaccessible or not function properly.
As noted above, our websites may use Google Analytics. If you would like to opt-out of having your site activity available to Google Analytics, you can download the Google Analytics Opt-Out Browser Add-On .
b. Advertising
If you would like to opt out of interest-based advertising, you can use the DAA's consumer choice tool. You can also visit the Network Advertising Initiative's Opt Out page for more information about your privacy options for interest-based ads.
c. Communications
If you no longer wish to receive communications from us, you have a number of options. If we contact you by email, you can use the unsubscribe mechanism provided in the email. If we call you, you can let us know that you do not want us to contact you in the future. If we send you a text message, you can text us back and indicate that you do not want to receive additional text messages. You can also email us at info@wildwestms.com to indicate that you do not want to receive any further communications from us.
7. California Privacy Rights
If you are a California resident, you may have additional rights with respect to your personal information. Please see our California Privacy Notice for more information. practice among Internet Websites; most Internet browsers permit a user to accept, decline or delete cookies.
8. Third Party Sites
Our Website may contain links to other websites whose information practices may be different than ours. Our Terms of Use, Privacy Statement and procedures may or may not be consistent with the policies and procedures of such third party websites, and when you visit such websites our Terms of Use and Privacy Statement do not apply to personally identifiable information and other data collected by such third party. You should consult, read and understand the privacy notices of such third parties before choosing to provide personally identifiable information on any such linked websites.
9. Data Security
We have in place what we believe to be reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the personally identifiable information you have provided or that we otherwise collect on our Website. HOWEVER, WHILE SUCH EFFORTS ARE INTENDED TO ENSURE THE CONFIDENTIALITY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION AVAILABLE TO US AS A RESULT OF YOUR USE OF OUR WEBSITE, WE CANNOT AND DO NOT WARRANT OR GUARANTEE THE ABSOLUTE SAFETY AND SECURITY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.
It is important for you to protect against unauthorized access to your password, your computer and your mobile device(s). Be sure to sign off when finished using a shared computer. Additionally, change your passwords often using a combination of letters and numbers, and make sure you use a secure Web browser.
10. Accessing Our Website from Outside the United States
This Website is designed for, and intended to be used exclusively by, individuals who reside within the United States. If you are visiting our Website from a location outside the United States, such as the European Union, the information you provide to us will be stored on servers located in the United States and will be subject to the laws of the United States, and the laws of the United States may differ from the laws of the country in which you reside. We do not endeavor to comply with the privacy and security laws that may be applicable to the country in which you reside, such as the General Data Protection Regulation if you reside in a country located in the European Union. If you are a resident of a country in the European Union and choose to provide us with your personally identifiable information, such as, by submitting an inquiry, you understand that the information submitted will be governed only by the privacy and security laws of the United States.
By using this Website and/or providing us with your personally identifiable information, you (a) consent to the transfer and/or processing of your information in the United States, (b) acknowledge that United States law may provide a lower standard of protection for your personal data than the laws of your location, and (c) understand that we collect, transfer, store, process and/or deal with your information in accordance with this Privacy Statement and United States law. Any claims relating to the processing of your personally identifiable information in accordance with this Privacy Statement will be governed only by the laws of the United States.
11. Special Note for Parents
This Website you are visiting is a general audience website and was not designed for children. We are not responsible for any access or use of this Website by children. (By way of example, this Website is not intended to sell products for purchase by children.) If you are under 18, you may use our Website only with the involvement of a parent or guardian.
12. Questions
If you have any questions, please contact us at info@wildwestms.com .
California Privacy Notice
Effective Date: September 1, 2025
This California Privacy Notice (“Notice”) supplements the information contained in our general Privacy Statement and applies solely to those visitors, customers and users that are residents of the State of California (“consumer” or “you”). John Elway Harley-Davidson (“we”, “us” or “our”) adopts this notice to comply with the California Consumer Privacy Act of 2018, as amended, and the regulations related thereto (“CCPA”), and other California privacy laws. Any terms defined by the CCPA have the same meaning when used in this notice.
I. Information We Collect
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). Personal information does not include publicly available information, deidentified information, aggregate information, or any information otherwise excluded from the CCPA’s scope, such as personal information covered by certain sector-specific privacy laws.
This table identifies the categories of personal information we have collected directly or indirectly from our consumers within the last 12 months:
II. Sources of Personal Information
We obtain the categories of personal information listed above about our consumers and business customers from the following categories of sources:
Directly from you. For example, if you submit an inquiry form to request more information regarding a vehicle or equipment advertised on our site, you may be asked to provide certain personal information.
Indirectly from you. For example, through referral links from partner sites and information collected through your activity on our marketplaces, such as recent searches and previously viewed vehicle listing pages.
From third parties. For example, we may partner with third parties to use shared tracking technologies that collect information regarding your device and your activity on this site.
III. General Use and Disclosure of Personal Information
We do not sell the personal information we collect from you or share it with third parties for cross-context behavioral advertising. However, we may disclose your personal information for a business purpose to third parties such as our subsidiaries and affiliates, as well as non-affiliated third parties, such as analytics vendors, original equipment manufacturers (OEM), and other parties with whom we partner to offer products and services to you.
We primarily use your personal information to fulfill or meet the reason for which the information is provided. For example, if you share your personal information to inquire about a vehicle or equipment advertised for sale, we will use that information to contact you regarding such listing and advertise other vehicles and equipment that you may be interested in.
In addition, to the extent permitted by applicable law, we may also use or disclose to service providers, contractors, or third parties (and in the past 12 months we have used or disclosed) personal information about our consumers for one or more of the following purposes:
To fulfill the reason you provided the information (e.g., to provide more information on a vehicle or contact you regarding any service appointments);
To provide you with the products and services you request;
To operate, support, personalize, and develop our website;
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses;
To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website and via email or text message (with your consent, where required by law);
To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets;
For testing, research, analysis, and product development, including to develop and improve our website, products, and services;
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
As described to you when collecting your personal information or as otherwise set forth in the CCPA; or
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our customers is among the assets transferred.
In the preceding 12 months, we have disclosed the following categories of personal information for a business purpose to the third parties identified above:
Category A. Identifiers
Category B. Personal information listed in the California Customer Records statute
Category D. Commercial information
Category F. Internet or other similar network activity
IV. Your Rights and Choices
A. Summary of Rights
If you are a California resident, the CCPA provides you with specific rights regarding our use of your personal information. This section describes your CCPA rights and explains how to exercise those rights.
(1) Right to Access Your Information
You have the right to request that we disclose certain information to you about our collection and use of your personal information during the 12 month period preceding your request. Once we receive and verify your request, we will disclose to you the information that you request and we are obligated to provide under the CCPA, which may include:
The categories of personal information we have collected about you;
The categories of sources from which we collected your personal information;
Our business or commercial purpose for collecting your personal information;
The categories of your personal information we have disclosed for a business purpose and the categories of third parties to whom we disclosed such information;
The categories of third parties with whom we share your personal information;
The specific pieces of personal information we have collected about you.
(2) Right to Correct
You have the right to request that we correct any inaccurate personal information that we may have about you. We will use commercially reasonable efforts to correct inaccurate personal information, taking into account the nature of the personal information and the purpose for our processing such information.
(3) Right to Request Deletion
You have the right to request that we delete some or all of the personal information that we have collected from you, subject to certain exceptions. Once we receive and verify your request, we will delete (and direct the third parties to whom we have furnished that information to also delete) your personal information from our (and their) records. With respect to the exceptions, we may deny your deletion request in whole or in part if retaining your personal information is necessary for us or the third parties with whom we shared such information to:
Complete the transaction for which we collected the personal information, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
Help to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for those purposes;
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act;
Engage in public or peer-reviewed scientific, historical, or statistical research that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent;
Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us and compatible with the context in which you provided your information; or
Comply with a legal obligation.
(4) Right to Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not deny you services, charge you different prices for any services, or provide you with a different level or quality of services.
(5) Other CCPA Rights
The CCPA also grants California residents the right to opt out of the sale of their personal information or sharing of their personal information for cross-context behavioral advertising and the right to limit use of sensitive personal information. Because we do not sell personal information, share personal information for cross-context behavioral advertising, or collect or process sensitive personal information for the purposes of inferring characteristics about a person, we are not required to offer these rights to our consumers.
B. Exercising Your Rights
To exercise any of the rights described above, please submit a request to info@wildwestms.com . Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your information.
You may only make a verifiable consumer request for access twice within any 12-month period. Your verifiable consumer request must (1) describe your request with sufficient detail so that we may understand, evaluate, and respond to it, and (2) include your name and any email address or phone number you have provided to us, so that we may verify your identity.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and then confirm the personal information requested relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
C. Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period. If you have an account with us, we will deliver our response to your request to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding our receipt of your verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless your request is excessive, repetitive, or manifestly unfounded. If we determine that your request warrants a fee, we will explain to you how we made that decision and provide you with a cost estimate before completing your request.
D. Shine the Light Law
Under California’s "Shine the Light" law, you may also have the right to request and receive information about disclosure of your personally identifiable information to third parties for their direct marketing purposes. Because it is our policy not to share personally identifiable information with third parties for third-party direct marketing purposes without consent, we are exempt from the requirement to respond to such requests.
V. Changes to This Notice
We reserve the right to amend this Notice at our discretion and at any time. The date this Notice was last updated is identified at the top of this page. You are responsible for periodically visiting our website and this Notice to check for any changes. However, we will not collect additional categories of personal information not described in this Notice or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice as required by the CCPA.
VI. Contact Information
If you have any questions about this California Privacy Notice, please contact us at info@wildwestms.com .