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Privacy Policy
Updated January 12, 2015

This privacy policy (this “Privacy Policy”) governs your use of Auction Mobility’s Auction Experience Management Platform on the website(s) (the “Site”) and mobile application(s) (the “Application”) made available by Auction Mobility LLC (“we,” “us” or “our”) on behalf of Gray's Auctioneers (the “Auction House”). The Site and Application allow you to, among other things use your computer or mobile device(s) to place bids and monitor live auctions (collectively, the “Services”).

Information We Collect

We collect and store information that you voluntarily provide to us as well as data related to your use of the Site and Application.

When you register with us and use the Services, we ask that you provide your name, email address, user name and password. You can also choose to provide us with additional information, such as a contact phone number. All of the information listed in this paragraph is collectively referred to as your “Individual Information”. You may review, correct, update or change your Individual Information on your account profile at any time.

If you choose to purchase an item at auction, your payment information is processed by a third party payment processor. Please carefully read the section titled “Processing Payments for Auction Items” below.

In addition, we automatically collect certain information and analytical data related to your use of the Site and Application (“Usage Information”). In the aggregate, this information is non-personally identifiable or anonymous information about you, including the date and time of your visit, the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID, location and the features of our Application you accessed (collectively “Aggregate Information”). This Aggregate Information is in no way associated with your Individual Information.

How We Use Information; Data Retention Policy
We use collected information to make available and to improve our high standard of reliable services. We use such information to:
  • respond to inquiries or service requests and monitor such responses;
  • provide information about and market our products or services;
  • resolve problems; and
  • manage the Site and Application and assess usage of the Services.

We will retain Individual Information for as long as you use the Site and/or Application and for a reasonable time thereafter. We will retain Aggregate Information for up to 24 months and may store it thereafter in the aggregate. If you’d like us to delete your Individual Information that you have provided in connection with the Services, please contact us at info@auctionmobility.com and we will respond within a reasonable time.

Disclosure of Information

We host the Site and Application and provide the Services in connection with the Auction House. We share your Individual Information and Usage Information with the Auction House for their business purposes, including marketing purposes.

Processing Payments for Auction Items

We use a third-party credit card processor to process payments for auction items that you choose to make through the Services. To make this possible, your name, billing address and order total are shared via secure (encrypted) means with this third-party payment processor for the sole purpose of completing your order. Please note that your credit card information (number, expiration date, security code) is stored by the third party payment processor and not us, and as such, is subject to that third party processor’s privacy policy. It is important that you review the privacy policy of our third party processor to understand how your information is stored and processed. We are not affiliated in any way with the third-party payment processor.

Service Providers and Affiliates

We do not sell or rent your Individual Information to third parties. We may disclose Individual Information to our third party service providers to provide you with the Services, including our third party payment processor. We share Aggregate Information with companies that provide public relations and marketing services for us. Such information will only be shared by us to customize, measure and improve our Site, Application and Services.

Legal Processes

We disclose information, including Individual Information, that we believe is appropriate to protect our rights, or to cooperate in investigations of fraud or other illegal or inappropriate activity or in response to a subpoena, court order or other comparable legal process. If a subpoena seeks information about an identified user or limited group of users, we’ll make reasonable business efforts, if permitted, to contact the user(s) before providing information to the party that requests it. We cannot guarantee that we will be able to contact the user(s) in all cases.

We may disclose Individual Information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you).

As with any other business, it is possible that in the future we could merge with or be purchased by another company. If we are acquired, the company that acquires us would have access to the information maintained by us, including Individual Information, but would continue to be bound by this Privacy Policy unless and until it is amended.

Aggregate Information

We are not limited in our use of Aggregate Information that does not permit direct association with any specific individual, or non-identifiable aggregate information about our users (such as the number of users of our Services, the geographic distribution of our users, the amount of information located and/or removed, etc.).

Application Push Notifications, Choice and Opt-Out

The Application can also provide you with push notifications of upcoming events, such as sales or auctions. You can opt out of receiving push notifications at any time by using the settings on your mobile device. You can stop all collection of information by the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

Cookies, Use of Cache Data

We also collect certain information about your mobile device automatically, such as the type of mobile device you use, your mobile device’s unique device ID, the Internet Protocol (IP) address of your mobile device, your mobile device operating system, location, the type of mobile device Internet browser you use, and information about the way you use the Application. If you prefer, you can program your mobile device so that it does not store this information while utilizing the Applications. Certain Application features may only be available through the collection and use of this type of “cache data”. We may use cache data to assist in data collection and to track Application usage and trends to help us better serve you.

Some of our business partners (e.g., analytical tracking software providers like Google Analytics and MixPanel) use cookies and tracking technologies on the Site and Application. We have no access to or control over these cookies or tracking technologies. These service providers collect information such as how often users visit this Site or use the Application, what pages they visit when they do so, and what other sites they used prior to coming to the Site. We use this information only to improve the Services, but do not combine it with personally identifiable information.

Account and Security

The security of your account relies on your protection of your password and mobile device(s). You are responsible for maintaining the security of your password. You are solely responsible for any and all activities that occur under your account or on your mobile device. You may not share your password or Services account with anyone. We will never ask you to send your password or other sensitive information to us in an email, though we may ask you to enter this type of information on the Site or the Application interface. If you believe someone else has obtained access to your password, please change it immediately. If you believe that an unauthorized access has already occurred please report it immediately at info@auctionmobility.com. You must promptly notify us if you become aware that any information provided by or submitted to in connection with the Services is lost, stolen, or used without permission.

If you have general concerns or questions regarding the security of information collected, processed or stored by the Site and/or Application, you can contact us at info@auctionmobility.com.

Children’s Privacy

The Services are not directed to persons under the age of 13 and Services (including downloading the Application), should not be used by any person under the age of 13. If you become aware that your child has provided us with personal information without your consent, please contact us at info@auctionmobility.com. We do not knowingly collect or solicit information from, market to or accept services from children. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account.

Effective Date; Policy Changes

Each time you use the Services, the current version of the Policy will apply. Accordingly, when you use the Services, you should check the date of this Policy (which appears at the top of the Policy) and review any changes since the last version. Our business changes frequently and this Policy is subject to change from time to time. Unless stated otherwise, our current Policy applies to all information that we have about you. We will not materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

Governing Law; Notice to California Residents

This Policy is governed by the laws of the State of Delaware without giving effect to any principles of conflict of law. Please note that our Services are designed for compliance with United States data privacy and security regulations. The United States and other countries have not harmonized their privacy regulations. We have written this Policy to satisfy United States regulations and the users of the Application and Services agree to that level of privacy protection.

California Civil Code Section 1798.83 permits customers who are California residents and who have provided us with “personal information” (as that term is defined in Section 1798.83) to request certain information about the disclosure of that information to third parties for their direct marketing purposes. If you are a California resident with questions regarding this, please contact us via email at info@auctionmobility.com or by mail at Auction Mobility, 192 South St., Suite 200, Boston MA 02111.

Contact Us

To contact us with your questions or comments regarding this Policy or the information collection and dissemination practices of the Application, please email us at info@auctionmobility.com.

All trademarks, service marks, and other proprietary materials herein are the property of Auction Mobility LLC.
All rights reserved.