Privacy Policy

Revised September 2023.

Our mission is to provide you with the best suite of automobile dealer productivity tools and services available in the industry. We at Ideallog LLC dba Deal Prophet ("Deal Prophet") value your privacy, and to demonstrate our commitment to your privacy, we have adopted this "Privacy Policy." The following terms will set forth the type of personal identifying information Deal Prophet collects, how and when the information might be used by Deal Prophet, how Deal Prophet protects your information and who has access to your information.

If you do not agree to this Privacy Policy, you must not use the Deal Prophet website. Deal Prophet may modify this Privacy Policy from time to time and post an updated version on the website. Your continued use of the website after any such modification constitutes your acceptance of the modified Privacy Policy.

Information Collection and Use

Deal Prophet collects certain information from its users by several methods, which methods are set forth below:

Cookies. Deal Prophet’s website may use "cookies" in certain instances. A "cookie" is a file placed on your personal computer’s hard drive by a web site that allows the site to monitor your use of the site. The cookies are used to save your preferences and login information, and provide personalized website access. Users can reject cookies by changing their browser settings, but this may have an adverse affect on some of the website’s functionality.

Web server logs. When a user visits the Deal Prophet website, Deal Prophet or its website service provider may track information to administer the site and analyze the use of the website. Examples of information Deal Prophet may track include:

• which pages were viewed;
• number of visits;
• peak visiting times;
• number of unique visitors;
• number of new visitors;
• number of repeat visitors;
• number of unique hosts;
• number of error messages;
• length of visit;
• top keywords;
• your internet service provider;
• your domain; and
• most popular browser.

Information Entered by User

Certain pages on the website allow users to register to purchase products and services offered by Deal Prophet and its affiliates, receive content and otherwise conduct various activities on the website. When users register, Deal Prophet may ask them for certain unique personal information. If you are purchasing products and services, including subscription renewal, Deal Prophet will request personal information, including financial information to complete payment in connection with enrollment. Any financial information we collect is used only to bill you for the products and services you purchased or to aid Deal Prophet in performing services in connection with your subscription for Deal Prophet products and services. If you purchase products and services by credit card, this information may be forwarded to your credit card provider. In the event that you submit personal contact information to Deal Prophet (email address, phone, etc.), Deal Prophet may contact you with information about other products and services offered by Deal Prophet and its affiliates related to the automobile industry.

Finally, you may be asked to disclose personal information to us so that we can provide assistance and information to you in connection with technical assistance and other issues related to the website.

If you have questions about any services or marketing of Deal Prophet products, you can send an email message to support@dealprophet.com.

Additional Details Regarding Deal Prophet’s Information Collection

Information about Deal Prophet subscribers and their website usage is maintained in a secure environment. This information is not shared with third parties for marketing purposes. Deal Prophet does not disclose any information about any subscriber’s usage of the website or Deal Prophet products and services, except to enforce the terms of our agreements with users or as required by law; provided, however, that Deal Prophet may provide summary statistics about users’ subscription for services, website usage patterns and related site information to third parties. These statistics would not include personal identification information, but would only be used to provide new product and service offerings to Deal Prophet’s customers. In addition, Deal Prophet may compile, analyze, aggregate and/or summarize certain subscriber information in order to develop statistical benchmarks. Such benchmarks may be provided to other subscribers for the purpose of providing statistical comparisons. This data will not be shared at an individual subscriber level or otherwise identify any subscriber individually and will not include any associated personally identifying information.

Data Protection

Deal Prophet uses technical security measures to prevent the loss, misuse, and alteration of information under Deal Prophet’s control. Our primary data center is fully compliant with PCI (Payment Card Industry) as a level one service provider. This is the highest level of compliance. The PCI DSS (Data Security Standard) is a single security standard comprised of the cardholder security programs from the five major credit card companies. The standard was created to protect their customers from increasing identity theft and security breaches. In 2009 our data center cleared a series of extensive federal background checks and received the FISMA (Federal Information Security Management Act) compliance and top secret clearance for data centers. Unfortunately, no data transmission over the internet can be guaranteed to be secure; therefore, Deal Prophet cannot ensure the security of any information you send to us and you do so at your own risk. If Deal Prophet learns of a security system’s breach, Deal Prophet may attempt to notify you electronically so that you can take appropriate protective steps. By using this website or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues. Deal Prophet may post a notice on this website if a security breach occurs. If this happens, you will need a web browser or mobile device enabling you to view the website. Deal Prophet may also send an email to you at the email address you have provided to us in these circumstances or communicate with you by other means if we can.

Third Party Access to Information

Deal Prophet will share your personal data only (i) as required by law or as needed in connection with the transfer of Deal Prophet’s business assets (to comport with U.S. law, Deal Prophet does not share information with any unaffiliated third parties for marketing purposes) and (ii) with agents and third party product and service providers who use subscribers’ information on Deal Prophet’s behalf, as in the event that a third party entity provides outsourced services for Deal Prophet subscribers.

Links to Other Companies’ Sites

Although the Deal Prophet website does not currently contain links to sites maintained by companies that are unaffiliated to Deal Prophet, the potential exists that such links may be present in the future, from time to time. In such event, Deal Prophet will not be responsible for the privacy policies and/or procedures or the content of such third party websites.

Company Formation and Access to Data

The Deal Prophet software has been designed and developed, and Deal Prophet is operated by certain individuals who are affiliated with or otherwise may be employed by or have an ownership interest in existing automobile dealerships. These relationships and the associated experience of those Deal Prophet designers are integral to the functionality and effectiveness of the Deal Prophet software. At no time will Deal Prophet use, disclose or employ any information or data collected from you (whether collected directly by Deal Prophet or otherwise through your use of the Deal Prophet software) for the benefit of any of its affiliated members, employees or agents or their respective affiliated automobile dealerships, except to the extent that all similarly situated subscribers are able to share and review such information (as in the case of summary benchmark information). Deal Prophet has developed and implemented and abides by certain internal privacy policies to prevent the sharing of any such information or data.

Terms of Service

The following terms and conditions (these "Terms") apply to your subscription or other purchase of products and services (collectively, the "Services," which shall include Deal Prophet’s suite of automobile dealer productivity tools, among other Services offered on this website) offered by Ideallog LLC, dba Deal Prophet ("Deal Prophet") through this website or otherwise. These Terms shall remain valid and effective until modified or terminated by Deal Prophet, or until you or Deal Prophet validly terminate your subscription. Please read these Terms in their entirety.

1. Services. Throughout the term of this Agreement, you shall be permitted to provide password access to Services to that number of End Users for which you have paid the required fee. Deal Prophet reserves the right to modify, suspend or discontinue the Services at any time, with or without notice or liability to you; provided, however that Deal Prophet shall provide a partial reimbursement for any fees paid in connection with the Services through the date that such Services were suspended or discontinued.
2. Changes to the Website. You agree and understand that the website, including any and all Services available via the website and any content displayed thereon, may be modified, discontinued or removed by Deal Prophet, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any features or Services offerings, enhancements or modifications to the website implemented after your initial access to the website shall be subject to these Terms. We do not actively monitor, and undertake no obligation to monitor or modify, any information, content, data, text, links to third party websites, user profile information, sounds, photographs, graphics, video, messages or other materials made available via the website by any End User (all such items provided by users, collectively, "User Provided Information"). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms, including without limitation, by removing any User Provided Information posted in violation of these Terms, terminating the registration of such violators or blocking such violators’ use of the website.
3. Subscriber Obligations. By subscribing for the Services, and in consideration of Deal Prophet’s performance in connection with such Services, you agree to and shall provide Deal Prophet with complete, accurate and up-to-date personal information for yourself and any other End Users for which you are activating Services. In addition, you also agree to update any and all personal information which has otherwise become inaccurate, incomplete or outdated following your original enrollment or activation date during the term that you continue to hold your subscription. You also have an obligation to inform Deal Prophet promptly in the event that you suspect your subscription has been compromised in any fashion. Your failure to provide complete, accurate and up-to-date information shall release Deal Prophet from any liability to you with respect to Deal Prophet’s inability to provide any or all Services.
4. Access to Services. You are responsible for providing all personal computer and communications equipment necessary to gain access to the Services and the website. Access to certain of the Services may be gained through a combination of a user id and password. You must keep your password strictly confidential. Unauthorized access to the website may subject such unauthorized user to prosecution and/or other legal redress. You will be responsible for all activities and charges resulting from the use of the Services through your account, including unauthorized use (unless such unauthorized use is the fault of Deal Prophet). By subscribing for the Services, you agree that Deal Prophet may notify you via electronic mail in connection with all information concerning Deal Prophet, the website, your identity, any subscription or renewal information and all other information related to the Services.
5. Conduct. You agree that you and all End Users authorized by you to access the Services shall use the Services only for lawful purposes. You will not post or transmit on or through the Services or the website any libelous, obscene or otherwise unlawful information of any kind, and no party acting by or through you shall engage in any conduct involving the Services that would constitute a criminal offense or give rise to civil liability under any federal, state, local or other law or regulation and you will not upload, post, reproduce or distribute to or through the website any material protected by copyright, privacy or other proprietary right without first obtaining the written permission of the owner thereof. Any complaint with regard to "SPAM" may result in the immediate termination of your access to the Services. You acknowledge that the Services and the website contain copyrighted and other proprietary and confidential information and material, and you will respect all such proprietary rights and take such precautions as may be reasonably necessary to protect private, confidential and other proprietary information and material from unauthorized use or disclosure.
6. Subscription Fees. You are responsible for paying periodic subscription fees, and hereby authorize Deal Prophet to charge your credit card, debit card, bank account or other payment source identified during enrollment or activation, to pay for the ongoing cost of your subscription fees via automatic debit. Subscription plans, offerings and length of terms offered may vary by type of subscription. UNLESS EXPRESSLY STATED OTHERWISE, AFTER THE INITIAL TERM, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED MONTHLY (OR FOR "MY DEAL PROPHET" SUBSCRIBERS BY LIKE TERM), AND CONTINUALLY THEREAFTER, UNLESS YOU TERMINATE THE SUBSCRIPTION (i) BY REQUESTING TERMINATION VIA EMAIL billing@dealprophet.com When a termination is requested, Deal Prophet will not refund your unused portion of your current subscription. You may not assign or transfer your subscription to any other person or entity. Should you request a refund which is denied for a valid reason under these Terms, and should you subsequently file a claim against Deal Prophet, Deal Prophet shall be entitled to collect from you all costs (including attorneys’ fees) associated with defending such a claim.
7. Monitoring of the Services. Deal Prophet may, in its discretion, monitor the Services and your use thereof to determine and ensure compliance with these Terms and to protect itself and other End Users from fraudulent, unlawful, dangerous or abusive use of the Services. Deal Prophet may also intercept and disclose any content, record, use or other information to the extent reasonably necessary to protect the rights of Deal Prophet, for Service quality control as permitted by law, or to comply with any law, regulation, or governmental request.
8. Services Licenses. Deal Prophet hereby grants to you a non-exclusive, non-transferable license to use the website and related Services, including the Deal Prophet software, in accordance with these Terms.
   
   a) Throughout the term of your subscription, you may use the Services solely  for the purpose for which it is intended and you may use the Services only for such number of End Users for which you have paid the applicable fee to Deal Prophet.
    
   b) The technical procedures, processes, methods of operation and concepts which are embodied within the Services, the website and all content related thereto are trade secret information of Deal Prophet. This license is not a sale of a copy of any Deal Prophet software and does not render you the owner of Deal Prophet software. Ownership of Deal Prophet software and Services content and all components and copies thereof shall at all times remain with Deal Prophet, regardless of who may be deemed the owner of the tangible media in or on which any such information may be copied, encoded or otherwise fixed. However, all data and files submitted by you to the website shall at all times be your property.
    
   c) You may not make any copies of any of our website content or Deal Prophet software. You will make all reasonable efforts to prevent any unauthorized copying of Deal Prophet software or disclosure or use of Deal Prophet’s trade secret information, and you will advise End Users of the restrictions upon duplication, reverse engineering, disclosure and use contained in these Terms. You will be liable for any unauthorized copying, reverse engineering, disclosure and/or use by you and End Users.
    
   d) You will not lease, rent, sell, pledge, assign, sublicense, loan or otherwise transfer to any third party any part of our website content or the Deal Prophet software or any copy thereof or any of your rights hereunder without our prior written consent
    
   e) Subject to any limitations contained herein, we will indemnify you and hold you harmless against reasonable costs, expenses and liabilities upon any claim by any third party that the Services infringe or violates any copyright, trademark or trade secret rights of such third party, provided that: a) you notify us within seven (7) days in writing of any notice of any such claim; b) you cooperate with us in all reasonable respects in connection with the investigation and defense of any such claim; c) we shall have sole control of the defense of any action on any such claim and all negotiations for its settlement or compromise; and d) should the Services become, or in our opinion be likely to become, the subject of a claim of copyright, patent or trademark infringement or trade secret misappropriation, you will permit us, at our option and expense, either to: i) procure for you the right to continue using the Services, ii) replace or modify the same so that it becomes non-infringing; or iii) terminate this license insofar as the use of the affected Services is concerned, and refund to you the proportionate amount of prepayment fee paid to Deal Prophet for the period for which such payment has not been earned. Notwithstanding anything herein to the contrary, however, we shall have no obligation or liability to you under any provision of this paragraph if any copyright, patent or trademark infringement or trade secret misappropriation claim is based upon the use of the Services in a manner other than that for which it was furnished by Deal Prophet or upon any modification by or for you, in such a way as to cause it to become infringing.
    
9. Online Software Updates. Deal Prophet may, when feasible, remotely update any version of the Services, including any software, either with or without notice to you. Such updates may occur automatically or may occur pursuant to prompts which appear on your computer screen during use of the Services. Any updated version of the Services furnished to you will be subject to all of these Terms. We may send email communications and intersystem messages to you explaining new features of the Services and other news concerning Deal Prophet.
10. Customer Service. We will maintain email and toll-free telephone customer service to assist you in your use of the Services, which customer service shall be available during normal business hours Central Standard Time Monday - Friday, and by email Saturday and Sunday. Customer service is available by calling (888)354-4174 or by emailing support@dealprophet.com.
11. Warranty and Liability Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, WEBSITE AND CONTENT IS AT YOUR SOLE RISK. THE SERVICES, THE WEBSITE AND ALL ACCOMPANYING SOFTWARE AND DOCUMENTATION ARE PROVIDED TO YOU ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AGAINST DEFECTS, VIRUSES, OR INTERUPTION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
    
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DEAL PROPHET BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY SERVICES OR THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. DEAL PROPHET DOES NOT WARRANT THAT THE SERVICES, OR INFORMATION OBTAINED THROUGH THE WEBSITE OR SERVICES WILL MEET YOUR (OR END USERS’) REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE, SOFTWARE AND THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL FAILURES OF THE SERVICES TO SUBSTANTIALLY CONFORM TO OR PERFORM SUBSTANTIALLY IN ACCORDANCE WITH OUR SPECIFICATIONS WILL BE CORRECTED. IN ANY CASE, DEAL PROPHET’S COLLECTIVE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL NOT EXCEED, IN THE AGGREGATE, THE SUM OF THE FEES (IF ANY) YOU PAID TO DEAL PROPHET FOR THE SERVICES. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS DEAL PROPHET FROM DISCLAIMING LIABILITY HEREUNDER, THIS DISCLAIMER OF LIABILITY MAY NOT APPLY TO ALL SUBSCRIBERS.
12. Change in Fees. We may change the amount of the fees for the Services to be paid by you by giving you at least thirty (30) days prior written notice thereof (posting such a change on the website shall constituted written notice hereof).
13. Subscriber Covenants. You agree to indemnify, defend and hold Deal Prophet and any of our affiliates and agents, directors, employees, information providers and licensors and licensees harmless from and against any and all liability and costs (including attorneys’ fees and costs) incurred by any of the foregoing parties in connection with any claim arising out of any breach by you of these Terms. In the event that either (a) you are the subject of claims for which you properly seek damages from us under these Terms, or (b) we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims in clause (a) and at your expense in the case of claims in clause (b), to assume the exclusive defense and control of any such claim, and you will not in any event settle any such claim without our written consent. You agree not to attempt to gain unauthorized access to any Services, accounts, computer systems or networks connected to any server used for the website, through password mining, hacking or any other means. You agree not to seek to gain access to any materials or information through any means not intentionally made available by Deal Prophet. You agree not to use any robot, spider, other automatic software or device or manual process to monitor or copy our website or the content, information or services on this website without Deal Prophet’s prior written consent. You agree not to distribute, on or through this website, any advertising; promotion; solicitation for goods, services, or funds; or solicitation for others to become members of any enterprise or organization without Deal Prophet’s prior written permission.
14. Manner of Giving Notice. Any notice required or permitted under this Agreement may be by email properly addressed to the intended recipient or posted on the website.
15. Non-Waiver. The failure by either party at any time to enforce any of the provisions of these Terms or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of these Terms. T he waiver of any default by either party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed.
16. Severability and Choice of Law. Every provision of these Terms shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of these Terms so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed herefrom, and all other provisions shall remain in full force and effect. These Terms shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the State of Illinois (without regard to conflicts of laws provisions), and the parties hereto irrevocable submit to the exclusive jurisdiction of the courts of Cook County, Illinois.
17. Assignment and Binding Effect. We may assign, delegate and/or otherwise transfer your subscription and our rights and obligations hereunder to any person or entity. You may not assign, delegate or otherwise transfer you subscriptions or any of your rights or obligations hereunder without the prior express written consent of Deal Prophet. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
18. Entire Agreement. This Agreement sets forth the entire agreement and understanding between the parties hereto regarding the subject matter hereof and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter. This Agreement may not be modified or amended except by a writing signed by the party against whom the same is sought to be enforced.
19. Subscriber Covenants. You agree that you are only providing your own personal or company information and not the information of any other individual or company, except in the case of End Users, in which case you agree that you are authorized to provide such other information which you are submitting. You agree that the information you provide during the registration process and any subsequent information you provide to us is true, accurate, and current. YOU ARE OBLIGATED TO CONTACT US IN THE EVENT THAT ANY INFORMATION YOU HAVE PROVIDED TO US HAS CHANGED. You agree that you are eighteen (18) years of age or older. You agree to pay us the fee per terms of your subscription agreement for the Services, less any discounts to which you may be entitled.
20. Agreement Assent. YOU AND DEAL PROPHET HAVE ENTERED INTO THESE TERMS, WHETHER ELECTRONICALLY, BY RECORDED VOICE AUTHORIZATION OR VIA PHYSICAL COPY, INTENDING TO BE BOUND BY YOUR ACCEPTANCE OF THESE TERMS. IN THE FUTURE, YOU AGREE TO BE BOUND TO THESE TERMS, AND MODIFICATIONS HERETO, BY CONTINUING TO USE OUR SERVICES AFTER SUCH MODIFICATIONS HAVE BEEN POSTED TO THE WEBSITE OR SENT TO THE EMAIL ADDRESS YOU HAVE PROVIDED. ANY OTHER COMMUNICATIONS, INCLUDING BILLING, PAYMENT, AND/OR DISCLOSURES WILL BE MADE VIA THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT OR POSTED TO THE WEBSITE. THESE TERMS MAY BE PRINTED OR RETAINED BY YOU FOR FUTURE REFERENCE.
21. Copyright, Trademark and Intellectual Property. The contents of this website, including, without limitation, website design, text, graphics, images, sound recordings, video recordings and other content (hereinafter "Content") are owned by or licensed to Deal Prophet, as well as clients and partners of Deal Prophet, and are protected by copyright law in the United States and abroad. Unauthorized use of the Content violates copyright, trademark and other laws. The Content and all copyrighted material may not be modified, copied, distributed, downloaded, displayed, emailed, transmitted or sold in any form or by any means, in whole or in part, without the prior written consent of the respective copyright owner. Use of the Content on any other website or in a networked environment is prohibited.