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Privacy Policy

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Auction Staff: Learn About Xcira's Auction Solutions

Last modified: June 10, 2024


1.    Introduction


Xcira, LLC (“Xcira” or “we” or “us”) respects your privacy and is committed to protecting it through our compliance with this policy.


This Privacy Notice (our “Privacy Notice”) describes the types of information we may collect from you or that you may provide when you visit an auction website that we manage and provide (“Website”) on behalf of our customers (each, an “Auction House”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. This Privacy Notice applies to you as an employee, consignor, or other type of authorized personnel of an Auction House (collectively, “Auction House Personnel”) or as an auction participant (“End-User”). We provide this privacy notice as a service to our Auction House customers, however, the personal information that we collect on behalf of the Auction House is subject to their own privacy practices. This privacy notice supplements the Auction House’s privacy notice and only governs our collection and use of your Personal Data (as defined in Section 3) while you use the Website to configure, setup, view, run, and participate in auctions. We may provide you with a separate link to the Auction House’s privacy notice located on the same page as the link to Xcira’s Privacy Notice, or you should contact the applicable Auction House for more information about their privacy practices if no link is provided.


This policy applies to information we collect:

  • on a Website that we host and manage for our Auction House customers;

  • in email, text, and other electronic messages between you and the Website;

  • when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy;

  • from our Auction House customers for the purposes of administration of the Website by the Auction House Personnel; and

  • any other information we may collect from third parties to verify your qualifications to participate in an auction. This may include, for example, information we receive to validate your status as an automotive dealer when you wish to participate in certain automotive auctions.  

It does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by Xcira or any third party (including our affiliates and subsidiaries and our Auction House customers);

  • any third party (including our affiliates and subsidiaries and our Auction House customers), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

 

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Website. By accessing or using this Website, you agree to this Privacy Notice. This Privacy Notice may change from time to time (see Changes to Our Privacy Notice). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check this Privacy Notice periodically for updates.


2.    Children Under the Age of 18
The Website is not intended for children under 18 years of age or the legal age to enter into a contract and be a bidder in auctions, if higher in your jurisdiction (the “Legal Age”). No one under the Legal Age may provide any information to or on the Website. We do not knowingly collect Personal Data from children under the Legal Age. If you are under the Legal Age, do not register on the Website, bid on any items through the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under the Legal Age without verification of parental consent, we will delete that information. If you believe we might have any information directly from a child under the Legal Age, please contact us at the contact information shown below.

 

3.    Information We Collect About You and How We Collect It
 

Generally


We collect several types of information from and about users of the Website (“Personal Data”):

  • by which you may be personally identified, such as name, postal address, e-mail address, telephone number, passport or other government issued identification number, bidder number, VIN Numbers, auction access badge number, etc.;

  • that is about you but individually does not identify you; and/or

  • about your internet connection, the equipment you use to access the Website and usage details.

 

We collect this information:

  • directly from you when you provide it to us;

  • automatically as you navigate through the Website;

  • from our Auction House customer to setup and maintain your account as Auction House Personnel and/or an End User and to enable you to setup, maintain, and run an auction; and/or

  • from third parties, for example, the Auction House and/or credential verification organizations that we use to verify your eligibility to participate in an auction, whether as Auction House Personnel or an End-User.


Information You Provide to Us


The information we collect on or through the Website are:

  • information that you provide by filling in forms on the Website. This includes information provided at the time of registering to use the Website, such as your name, address, email address, phone number, government issued id numbers (e.g., your passport or driver’s license number), VIN numbers, etc. On occasion, our Auction House customers may request that we collect additional types of information for one or more auctions. When this happens, you will be asked to provide this information through a form on a Website and can choose whether to provide this information (however, failure to provide some information may prohibit you from participating in an auction). We may also ask you for information when you report a problem with the Website;

  • records and copies of your correspondence (including email addresses), if you contact us;

  • details of transactions you carry out through the Website. You may be required to provide financial information before placing an order through the Website;

  • your search queries on the Website.

The Personal Data we collect from you is required to provide you with access to participate in the auction via the Website and to provide you with our products and services. If you refuse to provide such Personal Data or withdraw your consent to our processing of Personal Data (when appropriate), then in some cases we may not be able to provide you with access to participate in the auction.


You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website or transmitted to other users of the Website or third parties, including bids on auction items (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. We cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.


Information We Collect Through Automatic Data Collection Technologies


As you navigate through and interact with the Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns:

  • details of your visits to the Website. We collect traffic data, location data, logs, referring/exit pages, date and time of your visit to the Website, error information, clickstream data, and other communication data and the resources that you access and use on the Website; and

  • information about your computer and internet connection, i.e. your IP address, operating system, and browser type.


The information we collect automatically may include Personal Data or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve the Website and to deliver a better and more personalized service by enabling us to:

  • estimate our audience size and usage patterns;

  • store information about your preferences, allowing us to customize the Website according to your individual interests;

  • speed up your searches; and

  • recognize you when you return to the Website.

Details about the automated data collection technologies and the specific cookies that we use can be found in our Cookie Policy. [ https://www.xcira.com/cookie-policy ]


Information We Collect From Third Parties


We may receive your registration information and/or additional information from third parties such as the Auction House or its service providers for the purposes of providing the Website and the products and services to you. The additional information may include information, such as your status as an Auction House Personnel to allow access to certain features of the Website, your credit limit or credit worthiness to verify your ability to participate in an auction through the Website as an End-User, and your customer identification information that may be assigned by the Auction House to verify your identity. For certain auctions with eligibility requirements, we may also verify your eligibility to participate in such an auction with information obtained from third parties, such as a verification of a license or other credential.


4.    How We Use Your Information
We use information that we collect about you or that you provide to us, including any Personal Data:

  • to present the Website and its contents to you;

  • to provide you with information, products, or services that you request from us;

  • for Auction House Personnel, to allow you to setup, configure, and run an auction;

  • for End-Users, to allow you to participate in auctions;

  • to provide you with notices about your registration, including expiration and renewal notices, and start/end times for auctions;

  • to provide you or the Auction House with information about items for which you may have an interest;

  • to carry out our obligations and enforce our rights arising from any contracts entered into between the Auction House and us;

  • to carry out our obligations and enforce our rights arising from our terms of use;

  • to notify you about changes to the Website or any access to auctions we offer or provide though them;

  • in any other way we may describe when you provide the information;

  • to fulfill any other purpose for which you provide it; and

  • for any other purpose, with your consent.

By registering for an auction, you consent that we may also use your information to contact you about auction items in that auction that may be of interest to you. If you wish to change your choice, contact Xcira support at privacy@xcira.com. For more information, see Choices About How We Use and Disclose Your Information.

 

5.    Disclosure of Your Information
We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Notice. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.


We may disclose Personal Data that we collect or you provide as described in this Privacy Notice:

  • to our subsidiaries and affiliates;

  • if you are an End-User, to the Auction House that runs the auction that you register for so that they can inform you of auction items, process your bids, and process payment and delivery for items that you win at auction;

  • to contractors, service providers, and other third parties we use to support our business;

  • to third parties to verify your eligibility to participate in an auction, when required or requested by our Auction House customers;

  • to a potential or actual buyer or other successor in the event of a planned or actual merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Xcira’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Xcira about the Websites’ users is among the assets transferred;

  • to fulfill the purpose for which you provide it;

  • for any other purpose disclosed by us when you provide the information; and

  • with your consent.


We may also disclose your Personal Data:

  • to comply with any court order, law, or legal process, including to respond to any government or regulatory request;

  • to enforce or apply our terms of use and other agreements. Note that all sales for items at auction are subject to the Auction House’s terms of sale; and

  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Xcira, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.


We do not control the collection and use of your information collected by third parties described above. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.


6.    Accessing and Correcting Your Information
As an End-User, you may review and change your Personal Data by logging into the Website and visiting your account profile page when that option is made available to you. Auction House Personnel of Auction House may contact their system administrators to update his or her Personal Data.


You may also contact the Auction House to request access to, correct or delete any Personal Data that you have provided to us. Neither us nor the Auction House can delete your personal information except by also deleting your user account. Neither us nor the Auction House may accommodate a request to change information if either of us believe the change would violate any law or legal requirement or cause the information to be incorrect.


7.    International Transfer
Data we collect is processed by database servers located in the United States. In addition, our personnel and our service providers to whom data is transferred for business purposes may also store and access (and in the case of service providers, onward transfer to) Personal Data in other countries. These countries may offer a different level of data protection and may have different data protection rules than your country of residence. In certain circumstances courts, law enforcement agencies, regulatory agencies or security authorities in those other foreign jurisdictions may be entitled to access your information.


Xcira complies with the EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF”) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework Principles (“Swiss-U.S. DPF”, and together with the EU-U.S. DPF and UK Extension, the “Principles”) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of all non-human resources Personal Data (as defined in the Principles) that is transferred from the European Union (“EU”), the European Economic Area (“EEA”), the United Kingdom (“UK”) and Switzerland to the United States within the scope of the certification. Xcira has certified to the U.S. Department of Commerce that they adhere to the Principles. If there is any conflict between the terms in this Privacy Notice and the Principles, the Principles shall govern. To learn more about the Data Privacy Framework (“DPF”) program, and to view our certification, please visit the Data Privacy Framework site here.


In cases where we transfer or disclose (or onward transfer) to third parties we may rely on a service provider’s certification to the Principles (if sent to the US) and/or contractual means to require administrative and technological safeguards designed to mitigate the threat of unauthorized access, use or disclosure of your information (such as standard data protection clauses issued or approved by the European Commission).  We will remain liable under the Principles for any failure by a third party to comply with the Principles or our contractual arrangement with them unless, where permitted by applicable law, we prove we are not responsible for the event giving rise to the damage.

For information on how to exercise your privacy rights under the Principles, see Section 6 “Accessing and Correcting Your Information” above.

Please contact us if you have any questions about the transmission of information within Xcira or to service providers as specified in Section 11 “Contact Information” below. We have designated JAMS, an alternative dispute resolution provider which has locations in the United States, EU, the UK and Switzerland, to address unresolved complaints concerning our handling of personal data received in reliance on the Principles. If you do not receive timely acknowledgment of your Principles-related complaint from us, or if we have not addressed your Principles-related complaint to your satisfaction, please visit JAMS by clicking here for more information or to file a complaint. The services of JAMS are provided at no cost to you.


Under certain conditions, a binding arbitration option may be available to you in order to address complaints not resolved by any other means. For further information, please visit the DPF site by clicking here.  Xcira is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission with respect to all matters associated with the Principles.


8.    Do Not Track Signals
We also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.


9.    Data Security
We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure.


The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.


Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to the Website. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures deployed on the Website.


10.    Changes to Our Privacy Notice
We may change this Privacy Notice at any time. It is our policy to post any changes we make to our Privacy Notice on this page with a notice that the Privacy Notice has been updated on the Website’s home page. The date this Privacy Notice was last revised is identified at the top of the page. You are responsible for periodically visiting the Website and this Privacy Notice to check for any changes.


11.    Contact Information
To ask questions or comment about this Privacy Notice and our privacy practices, contact Xcira Support at privacy@xcira.com.
 

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