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LiveAuctioneers Privacy Policy

Effective as of September 3, 2020
Our Commitment to Privacy
LiveAuctioneers is committed to maintaining user privacy on the LiveAuctioneers Online Platform, accessed via any LiveAuctioneers website, application, service, or tool, regardless of how you access or use them, including through mobile devices. This Privacy Policy explains how LiveAuctioneers LLC and its affiliates (collectively "
", or "
", or "
", or "
") collects, uses, and shares your personal information in connection with your use of the Online Platform and our services, and explains your choices for how we handle your personal information.
By creating an account, you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree to its terms and conditions, you should not use or access our Online Platform. By accepting the Privacy Policy, you expressly consent to our use and disclosure of your personal data in accordance with the Policy. The Privacy Policy is incorporated into and subject to the terms of any agreement you sign with LiveAuctioneers and becomes applicable upon our acceptance of you as a registered user. If you have any additional questions about our Privacy Policy, please feel free to contact us at info@liveauctioneers.com.
For the purposes of this Privacy Policy, the term "personal data" means any information that identifies you or which allows you to be identified when combined with other information.
Where possible, we indicate fields that are required and those that are optional. You are not required to provide data if you choose not to use a particular service or feature.
Data You Give Us
When you use our Online Platform, you may provide personal data through direct interactions, such as completing forms.
  • Account Data
    includes email address, username, and password.
  • Profile Data
    includes first name, last name, address, phone number, and internet protocol (IP) address. Ekata, a third party provider that assists us in verifying and authenticating identities, and detecting and preventing fraud, may have access to such information, and we encourage you to review Ekata’s Privacy Policy for how it collects and uses such information.
  • Financial Data
    includes credit card information used for Stripe or Payrix, a third party payment processor that processes payments on our Online Platform. In performing their services, Stripe and Payrix acts as both data controllers and data processors of your personal data. For any data processing operations where Stripe acts as a data controller, Stripe’s Privacy Policy applies. For any data processing operations where Payrix acts as a data controller, Payrix’s Privacy Policy Privacy Policy applies.
  • Email Preference Data
    includes your preferences in receiving marketing from us.
  • Communication Data
    includes personal correspondence sent via emails, letters, or messages sent through our Online Platform, including feedback and survey responses.

Data We Collect Automatically
When you use our Online Platform, we may automatically collect data about your usage and your device so we can better understand, protect, and improve our service for you and our community. We collect this personal data by using cookies, web beacons, unique identifiers, and other similar technologies.
  • Usage Data
    includes data about your activities on our Online Platform such as clicks, bids, searches, auctioneers you follow, and browsing actions and patterns.
  • Technical Data
    includes internet protocol (IP) address, location information, your login data, browser type and version, device type and model, device identifiers, app errors, and debugging info.
  • Transactional Data
    includes records of transactions and payments related to items you purchase through our Online Platform.
To learn more about the cookies that may be served through our Online Platform and how you can control our use of cookies and third party analytics, please see our Cookie Policy.
We also collect, use and share
Aggregated Data
such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Site feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any sensitive data about you, including race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, genetics, biometrics, health, sex life, or sexual orientation. We also do not collect data about criminal convictions or offenses.
Where possible, we indicate fields that are required and those that are optional. You are not required to provide data if you choose not to use a particular service or feature.
How We Use Your Personal Data
We may use your personal data for the following purposes:
  • To fulfill contracts with you and facilitate the services you personally request
  • To provide you customer support via various channels, including email, phone, and live chat
  • To improve our content, layout, and product offerings
  • To show you suggestions and targeted advertisements, including on other websites, based on your activities on the Online Platform
  • To measure consumer interest in our products and services
  • To inform you about online and offline offers, products, services, and updates
  • To solicit feedback about your experience using our service
  • To invoice you and collect money owed to us by you
  • To resolve disputes
  • To troubleshoot problems
  • To verify and authenticate your identity, and to detect and prevent fraud
  • To detect and protect us against error, fraud, and other criminal activity
  • To enforce compliance with our Terms & Conditions and applicable agreements, and to protect the rights and safety of our members and third parties, as well as our own
  • To comply with our legal obligations, including keeping records, and comply with any duties in the context of criminal or other investigations by competent authorities

When We Share Your Personal Data

When Registering for Auctions or Placing Bids
Auctioneers may access your Profile Data and limited Transactional Data such as bid history during the auction registration process to decide whether you are able to bid in their auctions or to fulfill their contractual obligation to arrange shipping.
When Using Services Provided by Third Parties
When using your personal data for the purposes listed above, we may have to share your personal data with third parties. These services include:
  • Payment processor Stripe and/or Payrix to ensure safe payments when you win items on our Online Platform and choose to pay via LiveAuctioneers Payments.
  • Email service providers and push notification tools who support us in sending transactional and marketing or promotional messages.
  • Service providers who provide customer service and sales support tools.
  • Service providers, such as Ekata, who assist us in verifying and authenticating identities, detecting and preventing fraud, and securing the Online Platform against unlawful activity.
  • Analytics partners who allow us to analyze Online Platform usage so that we may make it easier, safer, and quicker to use.
  • Advertising partners to inform you about products and services on third party sites.
We require third parties acting as data processors to respect the security of your personal data and to treat it in compliance with the law. We do not allow our third party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
When Legally Required
We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
Business Transfers
We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
How You Can Access, Manage, and Correct Your Personal Data
You can update the personal data associated with your account by visiting your Account Settings. You may also control the receipt of certain types of communications from LiveAuctioneers in Account Settings. Some of these messages, such as transactional messages or legal notices, are required.To delete or request a downloadable copy of your personal data from LiveAuctioneers, contact us at info@liveauctioneers.com. We may retain certain data as required by law or as necessary for our legitimate business purposes.
For EU Individuals - Your Legal Rights Under GDPR
You have the following rights under data privacy laws with respect to your personal data:
  • Request access
    to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction
    of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure
    of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Request to restrict processing
    of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • Request transfer
    of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Object to processing
    of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Withdraw consent at any time
    where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
To exercise any of your rights, refer to the section "How You Can Access, Manage, and Correct Your Personal Data" in the Privacy Policy or contact us at info@liveauctioneers.com. You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: https://ec.europa.eu/justice/dataprotection/bodies/authorities/index_en.htm.
For California Residents - Your Legal Rights Under CCPA
Under the California Consumer Privacy Act of 2018, California residents may request LiveAuctioneers disclose the following information related to their account:
  • The categories of personal information we have collected.
  • The categories of sources from which the personal information is collected.
  • The business or commercial purpose for collecting or selling personal information.
  • The categories of third parties with whom the business shares personal information.
  • The specific pieces of personal information it has collected about that consumer.
Additionally, California residents may request LiveAuctioneers delete their personal data by emailing info@liveauctioneers.com. LiveAuctioneers will verify the request and will delete data that is not subject to exemptions as defined by the law.
No sale of personal information.
In the twelve months prior to the effective date of this Disclosure, LiveAuctioneers has not sold any personal information of consumers, as those terms are defined under the California Consumer Privacy Act.
No Discrimination.
LiveAuctioneers will not discriminate against any consumer for exercising their rights under the California Consumer Privacy Act.
Data Security
The security of your personal data is important to us. We use industry-standard technical and organizational practices and procedures to protect your personal data from unauthorized or unlawful processing, accidental loss, and destruction or damage. Additionally, we limit access to your personal data to employees and third parties who have a business need to know.
Data Retention
We will retain your data as long as your account is active, as necessary to provide you services. We will also retain and use this data as necessary for the purposes set out in this Privacy Policy and to the extent necessary to comply with our legal obligation, resolve disputes, and enforce our agreements and protect LiveAuctioneers’ legal rights.
We also collect and maintain aggregated, anonymized, or pseudonymized data which we may retain indefinitely to protect the safety and security of our Online Platform, improve our Services, or comply with legal obligations.
International Transfers
LiveAuctioneers is headquarted in the United States and has affiliates and service providers in other countries. Your information, including personal data that we collect from you, may be transferred to, stored at and processed by us and our affiliates and other third parties outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in your jurisdiction. We will take all reasonable steps to ensure that your data is treated securely and in accordance with this Policy.
References to "personal data" in this Privacy Policy are equivalent to "personal data" governed by European Union data protection legislation. We use the following safeguards if LiveAuctioneers transfers personal information originating from the European Union to other countries not deemed adequate under applicable data protection law:
Privacy Shield Frameworks for Data Transferred to the United States from the EU/Switzerland
Live Auctioneers LLC and its affiliated U.S.-based entity Jasper52 (collectively "LiveAuctioneers") complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries (including Iceland, Liechtenstein, and Norway), the United Kingdom, and Switzerland transferred to the United States pursuant to Privacy Shield. LiveAuctioneers has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, LiveAuctioneers is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.
Pursuant to the Privacy Shield Frameworks, EU and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also may correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to info@liveauctioneers.com. If requested to remove data, we will respond within a reasonable timeframe.
We will provide an individual opt-out or opt-in choice before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to info@liveauctioneers.com.
LiveAuctioneers’ accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, LiveAuctioneers remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless LiveAuctioneers proves that it is not responsible for the event giving rise to the damage.
In compliance with the Privacy Shield Principles, we commit to resolve complaints about our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact LiveAuctioneers at info@liveauctioneers.com.
LiveAuctioneers has further committed to refer unresolved Privacy Shield complaints to the Better Business Bureau, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgement of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information or to file a complaint. The services of the Better Business Bureau are provided at no cost to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
Changes to this Privacy Policy
We reserve the right to modify this Privacy Policy at any time. We encourage you to periodically review this page for the latest information on our privacy practices. If we make material changes to this Privacy Policy you will be notified via email (if you have an account where we have your contact information) or another manner through the Service that we believe reasonably likely to reach you (which may include posting a new privacy policy on our Online Platform–or a specific announcement on this page or on our blog).
Any modifications to this Privacy Policy will be effective upon our posting of the new terms and/or upon implementation of the new changes on the Service (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.
Use of Our Online Platform by Children
Our Online Platform is not intended for children (persons under the age of 18), and we do not knowingly collect data about children. We ask that children do not submit any personal data. If you are under the age of 18, you may only use this Online Platform in conjunction with and under the supervision of parents or guardians.
If you have a question or complaint about this Privacy Policy, or if you would like to access, correct, amend, or delete any personal data, you can contact us at info@liveauctioneers.com or by post to:
10 E 38th St
Floor 4
New York, NY 10016
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