Last updated: June 21, 2018
In this Privacy Policy references to "32auctions, LLC", "32auctions", "we", "us" or "our" means 32auctions, LLC, a limited liability company based in the United States. References to "you" or "your" means the person accessing and using the 32auctions website, including all web pages that include a link to this Privacy Policy (collectively, the "Website") and/or using the services that we make available to you via the Website (the "Services").
Your privacy is important to us. This Privacy Policy explains our online information practices, including what information we collect, who is responsible for the personal information collected, and how we will use such information, and the choices you can make about the way your information is collected and used. In this Privacy Policy where we use the words "personal information" we use these words to describe information that is about you and which identifies you.
We are the data controller for the purpose of data protection law, in respect of your personal information collected and used through your use of the Website and the Services. This is because we dictate the purpose for which your personal information is used and how we use your personal information.
We reserve the right to modify this policy from time to time. Any changes we make to this Privacy Policy in the future will be posted on this page. The updated Privacy Policy will take effect as soon as it has been updated or otherwise communicated to you.
What Personal Information Do We Hold About You
Information You Provide to Us
We collect and use personal information about you in the course of providing the Website and the Services. The information that you provide to us may include the following:
| Contact information |
Name; email address and telephone number
If you are a winning bidder, we may collect shipping information |
| Account information | Login information; account preferences; display name |
| Donor information | An auction administrator may enter information about a donor (an individual or organization that provides items for bidding), including donor name; website; address and phone number |
| Organization information | An auction administrator may enter information about an organization running an auction, including organization name; website; address and phone number |
| Marketing preferences, marketing activities and customer feedback |
To improve our marketing communications, we may collect information about interaction with, and responses to, our marketing communications For example, if you provide us with feedback or testimonials in the course of your use of our Website or Services |
| Other information you provide to us | For example, if you write a review of our products or provide other information to us in the course of your use of our Website or Services |
You may provide this information:
- in the course of communications between you and us (including by phone, email, chat, Website or otherwise);
- when you register an account with us;
- when you attend an in-person event;
- when you inquire about products or services (such as using the help form to contact 32auctions for assistance);
- when you provide feedback or provide a testimonial about an auction; and
- when you report a problem with our Website or Services.
Information We Collect About You
We may also collect personal information about you through your use of the Website and the Services. This information includes online activity information and technical information about your usage activities, to the extent that such information constitutes personal information.
We, and our service providers such as our analytics provider, collect technical information automatically through your electronic device, such as your IP address (i.e. your computer's address on the internet), internet browser type and version. We also collect information about your use of our Website, for example dates and times of log-in to your account, time spent on pages and the pages visited. We use this information to ensure that the Website and the Services function properly. Please also see additional information on our cookie usage below.
Information We Receive From Third Parties
We may also receive personal information from third parties such as our auction administrators. If you give us personal information about someone else, you must do so only with that person's permission.
Our auction administrators may provide us with offline auction participant information, including name, email address and phone number, of the offline participant, organization information, donor information, including donor contacts, and winning bidder information. Auction administrators can also invite others to join as auction administrators, whether as an organizer (who can only administer an auction) or a coordinator (who can administer organization information and auctions associated with an organization).
Cookies
32auctions uses cookies for application functionality. Cookies allow us to recognize your device and to collect information. This helps us to provide you with a good experience when you browse the Website and also allows us to improve your experience on the Website. Information stored includes general preferences (sorting, filters), various message dismissals, session ID, and a remember me token for long running logins.
We, and our service providers, may use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience while using the Services. In addition, we, through our service providers, may use the information to gather statistical information about the usage of the Services in order to understand how they are used, continually improve their design and functionality, and assist us with resolving questions about them.
You can refuse to accept the cookies we use by adjusting your browser settings. However, if you do not accept these cookies, the Website will not work as intended.
Third-Party Tracking; Third-Party Advertising
Third parties and advertisers may collect information about your activity on our Website, on devices associated with you, and on third-party websites using tracking technologies. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
We use third-party advertising companies to serve personalized ads when you visit our Website using Google Adsense.
Third-party companies may use certain information (not including your name, address, email address, or telephone number) about your visits to this Website and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here to view Google's Privacy & Terms. You may also be able to manage and control targeted advertising preferences on other websites and platforms that you visit or by using the settings and controls on your devices (e.g., installing plug-ins on web browsers or re-setting mobile device identifiers).
The Way We Use Information
We use your personal information in connection with the provision of the Website and the Services to you. In particular, your personal information may be used by us, our employees, our contractors, and our service providers, and disclosed to third parties for the following purposes. For each of the purposes, we have set out the legal basis on which we use your personal information.
| Purpose | Legal Basis |
|---|---|
| To communicate with you and other individuals | For our legitimate business purposes (i.e., the provision of the Website and our Services) |
| To provide you with the Website and the Services | For our legitimate business purposes (i.e., the provision of the Website and our Services), and depending on the circumstances, to perform a contract between you and us |
| To notify you about changes to the Website or the Services (such as when we send auction administrators "what's new" emails to announce new features) | For our legitimate business purposes (i.e., the provision of the Website and our Services) |
| To audit and monitor the use of the Website (including to create audit trails of usage) |
For our legitimate business purposes (i.e., the provision of the Website and our Services, as well as to improve and monitor the security of the Website) We may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law (e.g., in relation to our use of certain cookies) |
| To improve the quality of the Website and the Services | For our legitimate business purposes (i.e., the provision and improvement of the Website and our Services) |
| To manage complaints, feedback and queries | For our legitimate business purposes (i.e., the provision and improvement of the Website and our Services) |
| To carry out market research and analysis |
For our legitimate business purposes (i.e., the provision, improvement and promotion of the Website and our Services) We may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law |
| To carry out satisfaction surveys and analysis, such as completing a Net Promoter Score survey that we provide at the end of an auction |
For our legitimate business purposes (i.e., the provision, improvement and promotion of the Website and our Services) We may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law |
| To provide you with information about the services we offer (including details of any products which we believe may be of interest to you) in accordance with your preferences as indicated when you entered into any agreement with us, including any marketing consent preferences |
For our legitimate business purposes (i.e., the provision and promotion of the Website and our Services) We may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law |
| To comply with any legal or regulatory obligations (including in connection with a court order) | For our legitimate business purposes and for compliance with legal obligations to which we are subject |
| To enforce or apply the agreements concerning you (including agreements between you and us) | For our legitimate business purposes and for compliance with legal obligations to which we are subject |
We may be required to obtain your personal information to comply with our legal requirements, to enable us to fulfill the terms of our contract with you or in preparation of us entering into a contract with you. If you do not provide the relevant personal information to us, we may not be able to provide the Website and the Services to you.
Where we rely on our legitimate business interests or those legitimate interests of a third party to justify the purposes for using your personal information, this will include:
- pursuit of our commercial activities and objectives, or those of a third party;
- compliance with applicable legal and regulatory obligations and any codes of conduct;
- improvement and development of our business operations and service offering, or those of a third party; or
- protection of our business, shareholders, employees and customers, or those of a third party.
Who May We Disclose Your Personal Information To
You agree that we may share your personal information with:
| Our service providers | Our business partners, suppliers and subcontractors who help us provide the Website and the Services (for example, our email service provider, cloud services provider, payment services providers, marketing and advertising service providers) and auction administrators |
| Our professional advisers | Including accountants, lawyers and other professional advisers that assist us in carrying out our business activities |
| Government authorities and third parties involved in court action | External agencies and organizations (including the police and the relevant local authority) for the purpose of complying with applicable legal and regulatory obligations |
We may also disclose your personal information to other third parties, for example:
- in the event that we sell or buy any business or assets we will disclose your personal information to the prospective seller or buyer of such business or assets;
- if we or substantially all of our assets are acquired by a third party (or are subject to a reorganisation within our corporate group), personal information held by us will be one of the transferred assets; and
- if we are under a duty to disclose or share your personal information in order to comply with any legal obligation.
Where Will We Transfer Your Personal Information
We store and process your information on computers located in the United States that are protected by physical as well as technological security devices.
If we transfer personal information outside the European Union (EU) or European Economic Area (EEA), we will implement appropriate and suitable safeguards to ensure that such data will be protected as required by applicable data protection law. For further information as to the safeguards we implement please contact support@32auctions.com.
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place reasonable physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website and any transmission is at your own risk. Once we have received your personal information, we will use strict procedures and security features to try to prevent unauthorized access.
How Long Will We Keep Your Personal Information
We will retain your personal information for as long as is necessary for purposes for which it was collected. The precise period will depend on the reason why it was collected. Those periods are also based on the requirements of applicable data protection laws, applicable legal and regulatory requirements and periods relating to the commencement of legal actions.
Your Rights
The following is a summary of the data protection rights available to individuals in the EU and the EEA in connection with their personal information. The rights may only apply in certain circumstances and are subject to certain exemptions. Please see the table below for a summary of your rights. You can exercise these rights using the contact details at the end of this Privacy Policy.
| Summary of your rights | |
|---|---|
| Right of access to your personal information | You have the right to receive a copy of your personal information that we hold about you, subject to certain exemptions. |
| Right to rectify your personal information | You have the right to ask us to correct your personal information that we hold where it is incorrect or incomplete. |
| Right to erasure of your personal information: | You have the right to ask that your personal information be deleted in certain circumstances. For example (i) where your personal information is no longer necessary in relation to the purposes for which they were collected or otherwise used; (ii) if you withdraw your consent and there is no other legal ground for which we rely on for the continued use of your personal information; (iii) if you object to the use of your personal information (as set out below); (iv) if we have used your personal information unlawfully; or (v) if your personal information needs to be erased to comply with a legal obligation. |
| Right to restrict the use of your personal information | You have the right to suspend our use of your personal information in certain circumstances. For example (i) where you think your personal information is inaccurate and only for such period to enable us to verify the accuracy of your personal information; (ii) the use of your personal information is unlawful and you oppose the erasure of your personal information and request that it is suspended instead; (iii) we no longer need your personal information, but your personal information is required by you for the establishment, exercise or defense of legal claims; or (iv) you have objected to the use of your personal information and we are verifying whether our grounds for the use of your personal information override your objection. |
| Right to data portability | You have the right to obtain your personal information in a structured, commonly used and machine-readable format and for it to be transferred to another organization, where it is technically feasible. The right only applies where the use of your personal information is based on your consent or for the performance of a contract, and when the use of your personal information is carried out by automated (i.e., electronic) means. |
| Right to object to the use of your personal information | You have the right to object to the use of your personal information in certain circumstances. For example (i) where you have grounds relating to your particular situation and we use your personal information for our legitimate interests (or those of a third party); and (ii) if you object to the use of your personal information for direct marketing purposes. |
| Right to withdraw consent | You have the right to withdraw your consent at anytime where we rely on consent to use your personal information. |
| Right to complain to the relevant data protection authority | You have the right to complain to the relevant data protection authority where you think we have not used your personal information in accordance with data protection law. |
Links to Third-Party Websites
32auctions, or people who list auction items on 32auctions, may provide links to third party websites, such as our third-party payment processors, links to donor websites or websites which provide details for auction items (e.g., venue), which may have different privacy practices. We are not responsible for, nor have any control over, the privacy policies of those third party websites, and encourage all users to read the privacy policies of each and every website visited.
Our Commitment To Children's Privacy
We do not knowingly collect or maintain information at our Website from minors. To use the Website, you must be the age of legal majority in your place of residence. By using the Website, you hereby represent that you are at least the age of legal majority in your place of residence. We do not use an application or other mechanism to determine the age of users of the Website. We will use commercially reasonable efforts to delete information associated with a minor as soon as practicable if we learn that a minor has submitted information to us.
How You Can Access Or Correct Your Information
You can access and modify the information you provide us by signing-in to your account. We use this procedure to better safeguard your information.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or allowing modifications to be made.
Note for California Residents
California law permits California residents who provide us with personal information to request certain information regarding our disclosure of such information to third parties for their direct marketing purposes. We do not, at this time, disclose such information to third parties for their direct marketing purposes. If we change this policy, we will update this provision and provide instructions on how you may make a request for details. If any other state enacts a similar law as the California law, then this provision will also apply to such state.
Do-Not-Track Disclosure
Certain mechanisms may allow you to send web browser signals, known as "Do Not Track" ("DNT") signals, indicating your choice to disable tracking on the Website. We do not respond to browser do not track signals at this time. We may not be aware of or able to honor and respond to every such mechanism. More information about "do not track" is available at www.allaboutdnt.org concerning such information.
How To Contact Us
Should you have other questions or concerns about this Privacy Policy, please send us an email at support@32auctions.com.