One Auction View Privacy Policy

October 20, 2019

Our Privacy Commitment

OAV, LLC (the “Company,” “OneAuctionView,” “we,” “us” or “our“) is committed to respecting the privacy rights and concerns of all users of the Company’s website (the “Site“), software applications (the “Apps“) and services (we refer to the Site, the Apps and the services and the software made available by the Company through the Site and Apps, collectively, as the “OneAuctionView Service“). As such, we have established and implemented this Privacy Policy to inform visitors to the Site and Apps and users of the OneAuctionView Service how we use and protect the information we collect through the Site and the OneAuctionView Service. By visiting the Site or the Apps or using any of the OneAuctionView Service, you consent to the Company’s collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy. This Privacy Policy is effective as of the date set forth above and is only applicable to the Apps, the Site and the OneAuctionView Service and not to any other third-party website, tablet or mobile application that you may be able to access from or through the Apps, the Site or the OneAuctionView Service which third-party website, table or mobile application may have its own data collection and use practices and policies.

This policy answers the following questions:

  • What information do we collect about you and how do we use it?
  • Will we share your personal information with third parties?
  • What choices do you have about the collection and use of your personal information?
  • What security measures do we take to safeguard your personal information?

Users of the OneAuctionView Service should be aware of the privacy policies set forth below before making a purchase and/or utilizing the OneAuctionView Service.

 


 

What information do we collect about you and how do we use it?

Types of Information We Collect

Personal information means information that can be used to identify and contact you. You need to submit personal information to create an account which will grant you access to many features available on the Apps, the Site and the OneAuctionView Service.

To create an account for the OneAuctionView Service, we require you to provide certain information to create your profile, including your name, password, dealership name, dealership address, dealer license number, email address and phone number. We may also collect financial qualification and billing information, such as billing name and address and credit/debit card information. Depending on your choices when using the OneAuctionView Service, we may collect additional personal information.

In connection with your use of certain OneAuctionView Services, we will also collect the user ID and passwords to third party sites you will access while using our software. We take care to encrypt these passwords and store them on our servers solely for your access, we do not have access to these passwords.

By submitting personal information through the OneAuctionView Service, you authorize the Company to use and share this personal information for the purposes identified herein and in connection with the OneAuctionView Service, such as running vehicle history reports through third party software, viewing search results of vehicles through third party software, responding to user inquiries, processing transactions, and making available the OneAuctionView Service and their underlying search systems, methodologies and proprietary data algorithms and API’s.

How We Use Your Personal Information

The personal information you provide to us will allow us to provide the OneAuctionView Service to you (including its underlying search systems, methodologies and proprietary data algorithms and API’s; verify your identity; alert you of new products or services, features, or enhancements to the OneAuctionView Service; handle your customer service questions or issues; for order processing; billing; request feedback; distribute newsletters; and notify you of promotions, surveys, updates, or special offers that we think may interest you). We may also use your email address as part of the OneAuctionView Service in sending you messages about the OneAuctionView Service and other general announcements.

We keep track of your interactions with us, including but not limited to your activity within the OneAuctionView Service. We may use your personal information to respond to requests in connection with your use of any of the OneAuctionView Service. We may also use your personal information to contact you when necessary.

We may use the personal information you submit in combination with non-personal information that we have collected in a manner such that the end-product of this combination  does not personally identify you, your client, or any other user of the OneAuctionView Service. We may make the personal information you submit non-personally identifiable by either combining it with information submitted by other users (aggregating the personal information you have submitted with the personal information other users have submitted), or by removing characteristics (such as names or email addresses) that make the information personally identifiable. This process is known as de-personalizing your information. You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use such personal information in connection with the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect in providing the OneAuctionView Service (the “Analytical Data“). You expressly authorize us to make any commercial use of the Analytical Data, including without limitation, sharing the Analytical Data with third parties, provided that we do not sell, trade, or otherwise transfer from us any part of the Analytical Data that personally identifies any OneAuctionView Service users.

Third Party Privacy Policies

Through the OneAuctionView Service, you may be able to link to technology, software, and/or services owned and controlled by third parties (the “Third Party Features“). You may be permitted or required to submit personal information to access Third Party Features. Such use of Third Party Features and submission of information through Third Party Features will be subject to such applicable third party’s Terms of Use/Service and Privacy Policy. You agree to look solely to the applicable third party and not to the Company to enforce your rights in relation thereto. When you have clicked on a third party logo or URL displayed on the Apps, the Site or accessible through the OneAuctionView Service which links you to any Third Party Features, our Terms of Use (from here on out will be referred to as “ToU“) and any other terms and conditions agreed to by you in connection with the OneAuctionView Service no longer apply and you must read the terms of use/service and privacy policy of the third party to see how your personal information will be handled on their website.

Cookies

“Cookies” are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive. Like many websites, we may employ cookies in certain areas of the OneAuctionView Service to allow us to provide information to make your online experience more convenient. While the Company may use cookies to track your visit to the Apps and/or the Site, this information does not identify you personally and you remain anonymous, even if you have previously submitted personal information to the Company through the OneAuctionView Service or otherwise. Third parties whose websites or applications are accessible through links provided through the OneAuctionView Service may also use their own cookies when you link to their application, site, or service. The Company does not control these third parties’ use of cookies and cannot guarantee that they will uphold the same privacy standards as the Company. The Company expressly disclaims any and all liability related to the collection, use, or disclosure of information by third parties. You should review the privacy policies of any third-party sites that you visit through a link from the Apps, the Site or the OneAuctionView Service to understand how these third parties use cookies and the information they collect through cookies. Most cookies are “session cookies” which means that they are automatically deleted at the end of each session. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you a chance to decide whether or not to accept it.

Do Not Track

California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there currently is not an industry or legal standard for recognizing or honoring DNT signals, we do not respond to them at this time. We await the result of work by the privacy community and industry to determine when such a response is appropriate and what form it should take.

Third Party Analytics

The OneAuctionView Service uses third party analytics software, including Google Analytics, to help us learn about who visits the Apps and the Site and what pages are being viewed.

Log Information

Our servers automatically record information that your browser sends whenever you visit the Apps or the Site or use the OneAuctionView Service. This information includes your Internet Protocol address, your browser type and version, the search engine you used to find the OneAuctionView Service, if any, which OneAuctionView Service you use and from where, and when you perform searches, how many, what kinds. We use this information to monitor and analyze how users use the OneAuctionView Service, to provide customer service and to maintain and improve the OneAuctionView Service.

Children’s Privacy

We do not knowingly collect personal information from children under 13 or allow them to create an account for the OneAuctionView Service. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records. We take children’s privacy seriously and encourage parents to play an active role in their children’s online experience at all times.

 


 

Will we share your personal information with third parties?

Sharing Your Information

We use your personal information to provide the OneAuctionView Service to you, and other third parties, to send communications to you about new services, features, or enhancements to the OneAuctionView Service that may be of interest to you and to handle your customer service questions or issues. We will also share the personal information we collect from you under the following circumstances:

  • Protection of rights. We will share personal information if we have a good faith belief that (i) access, use, preservation, or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce the ToU or any other agreement, understanding, or arrangement between you and OneAuctionView, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security. or technical issues associated with the OneAuctionView Service, or (iv) such action is appropriate to protect the rights, property. or safety of the Company, its employees, users of the OneAuctionView Service or others.
  • Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of the Company’s assets, user information, including personal information collected from you through your use of the OneAuctionView Service, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you through email and/or a prominent notice on the Apps and/or Site.
  • Service Providers. We may share your personal information with service providers (including our affiliates that provide services on our behalf) that we engage for the purpose of processing information on our and your behalf. Additionally, we may partner with other companies to process, analyze, and/or store data, including, but not limited to, Analytical Data. While providing services for us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures.

 


 

What choices do you have about the collection and use of your personal information?

Control of Your Information

You may update or delete your personal information or modify your account preferences for the OneAuctionView Service by accessing the “My Profile” provided through the OneAuctionView Service. Please note that if you disable your account, we will keep your email address and submitted content on file and we may retain other account information for a reasonable period of time afterward for the purpose of internal account management and fraud prevention activities. In addition, you may not have the ability to remove certain submitted content once uploaded through the OneAuctionView Service.

Opting Out of Communication from Us

If you no longer want to receive our emails or other announcements, you may unsubscribe by following the instructions provided through the OneAuctionView Service. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating to your account transactions.

Dispute Resolution

You agree that the general dispute resolution and the Binding Arbitration provisions of the Company’s Terms of Use will apply to any dispute or claim you may have under this Privacy Policy.

 


 

What security measures do we take to safeguard your personal information?

The personal information that you provide to us is stored on servers, which are located in secured facilities and protected by protocols and procedures designed to ensure the security of such information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us directly or through the use of any of the OneAuctionView Service, and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

In the event that personal information you provide to us is compromised as a result of a breach of security, when appropriate we will take reasonable steps to investigate the situation, notify you and take the necessary steps to comply with any applicable laws and regulations.

California Privacy Rights

California law permits a user who is a California resident to request and obtain from Company, once a year, free of charge, a list of the third parties to whom we have disclosed the user’s  Personal Information (if any) for direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties. You can also request the discontinuation (or opt-out) of our sharing of the information with those third parties. Please submit any requests (“California Privacy Rights Request”) to support@oneauctionview.com, with a subject line of “Your California Privacy Rights,” or call us at 1-855-370-8200.

For each California Privacy Rights Request, please clearly state the following in the body:

  • the nature of your request;
  • that the request is related to “Your California Privacy Rights;”
  • your name, street address, city, state, zip code, and email address; and
  • whether you prefer to receive a response to your request by mail or email.

We are not responsible for a California Privacy Rights Request that is incomplete, incorrectly labeled, or incorrectly sent.

General Data Protection Regulation (GDPR) Privacy Rights (Residents of European Economic Area (EEA) Only):

The Site, Apps, and OneAuctionView Service are not designed for or directed to residents of the European Economic Area (EEA), and pursuant to OAV’s Terms of Use, such residents should not use the Site, Apps, or OneAuctionView Services.  Nonetheless, if and to the extent the GDPR is applicable, the following apply:

Data Controller (EEA Residents Only):  Company is the controller of your Personal Information provided to, or collected by or for, or processed in connection with, your use of the Site.

Purposes of Processing and Legal Basis for Processing (EEA Residents Only):  If you are a resident of the European Economic Area (EEA), you have certain data protection rights. As explained above, we process Personal Information in various ways depending upon your use of our Website. We process Personal Information on the following bases: (1) with your consent; (2) as necessary to fulfill orders when you make purchases; and (3) as necessary for our legitimate interests in providing you with our products and services, enhancing our web services, conducting analytics, and delivering relevant advertising.

Your Rights Regarding Personal Information (EEA Residents Only):  The GDPR requires that we inform our EEA users about certain specific rights:

  • the right to object, for legitimate purposes, to the processing of personal data;
  • the right to request copies of your personal data held by us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible);
  • the right to request that we delete or block your personal data without undue delay; and
  • the right to lodge a complaint with a supervisory authority.

 

Withdrawing Consent (EEA Residents Only):  If you wish to withdraw your consent, please contact us at support@oneauctionview.com. Please note that if you withdraw consent, we may not be able to provide or continue to provide certain services or marketing communications to you.

Objection and Requests for Copies (EEA Residents Only):  If you wish to (i) object, for legitimate purposes, to the processing of personal data as provided under applicable law, or (ii) to request copies of your Personal Information held by us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible), please contact us at support@oneauctionview.com.

Requests for Deletion (EEA Residents Only):  If you wish to request that we delete your personal data, please contact us at support@oneauctionview.com. We will promptly send you a response to ensure that the request was not made in error. We will respond to your request to delete your information within one month of receipt of your verification. Our response period may be extended by 60 additional days where necessary, taking into account the complexity and number of requests we receive. We may need to retain certain records, for example those relating to open orders, payments, or customer service matters, for legal and accounting purposes. EEA based individuals can learn more about their privacy rights and opt-out mechanisms at http://www.youronlinechoices.eu.

Lodging Complaints (EEA Residents Only):  You have the right to lodge a complaint about our data collection and processing actions with the supervisory authority in your country.  For more information, please contact your local data protection authority in the EEA.

Notification of Changes

This Privacy Policy may change from time to time and we will post all changes on the Apps and/or the Site.

Questions? Contact Us

If you have any questions about our privacy practices or this Privacy Policy, please contact us by email at support@oneauctionview.com

 

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