Last modified: May 10, 2020
This policy applies to information We collect:
- On or through the Service, including on this Website;
- In email, text, and other electronic messages between you and the Service;
- Through mobile and desktop applications offered as part of the Service, including those that you download from this Website, which provide dedicated non-browser-based interaction between you and the Service; and
- When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Website.
It does not apply to information collected by:
- us offline or through any other means, including on any other website operated by the Company or any third party; or
- any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Children Under the Age of 16
Our Service is not intended for or directed to persons under 16 years of age. No one under age 16 may provide any information to or on the Service. We do not knowingly collect personal information from children under 16 or knowingly allow such persons to register as users of the Service. If you are under 16, do not use or provide any information on or through the Service or this Website or on or through any of their respective features/register on the Website, make any purchases through the Service, use any of the interactive or public comment features of the Service, 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 information from a child under 16 without verification of parental consent, We will delete that information as quickly as possible. If you believe We might have any information from or about a child under 16, please contact us at [email protected].
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Service, including information:
- by which you may be personally identified (“Personally Identifiable Information”), such as (but not limited to) first and last name, postal, shipping, billing and/or other physical address, e-mail address, telephone or cell phone number, other contact information, credit card number and expiration date, information about your vehicle and its history, screen name(s), shirt size, any other Personally Identifiable Information you provide in your communications to prospective buyers or sellers made through the Service, or any other identifier by which you may be contacted online or offline;
- that is about you or your interaction with the Service but that does not identify you individually, such as (but not limited to) the browser you use, the type of computer or device you use, the operating system that you use, and other technical information about the means you use to connect to the Service, including (but not limited to) your internet service provider, the equipment you use to access the Service, your usage details, and other similar information.
We collect this information:
- directly from you when you provide it to us;
- automatically as you use the Services; and
- from third parties, for example, our business partners
Information You Provide
We collect certain Personally Identifiable Information when you choose to provide it or otherwise make it available to us on the Service, including when you:
- Register for the Service;
- List a vehicle for sale, bid on a listed vehicle, and/or win an auction and purchase a listed vehicle;
- Enter any search query through the Service;
- Post any comment, question, or other information on the Service;
- Purchase or otherwise order merchandise or services through the Service;
- Subscribe to our newsletter or other methods of delivering information;
- Respond to a survey concerning the Company and/or the Service;
- Fill out a form on or through the Service;
- Enter a contest, sweepstakes, or promotion offered through the Service;
- Contact us by email; or
- Participate in other activities, services, features, or resources We make available on or through the Service.
The provision of certain Personally Identifiable Information is voluntary but may be necessary in order to use the Service, such as the information necessary for the listing of vehicles for auction or trade or the submission of bids or trade offers for listed vehicles.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Service, including discussion forums, comment fields, and social media areas, or transmitted to other users of the Service or third parties (collectively, “User Content”). Your User Content is posted on and transmitted to others at your own risk. Although We may limit access to certain pages of the Website, please be aware that no security measures are perfect or impenetrable. Additionally, We cannot control the actions of other users of the Service with whom you may choose to share your User Content. Therefore, We cannot and do not guarantee that your User Content will not be viewed by unauthorized persons. Please be advised that, if you choose to post User Content to any of the interactive areas of the Service, such as discussion forums, comments fields and social media areas, the information that you post can be seen, collected, and used by anyone who has access to those areas. The Company is not responsible for any third-party use of such information.
From time to time, We may offer contests, sweepstakes, or other promotions through the Service. In order to enter, you may be required to provide certain information about yourself (such as your name, phone number, address, date of birth, and/or email address), which information will be used to contact you if you win. We may also use this information for marketing or other purposes, and We may share this information with any:
- Co-sponsor of the contest, sweepstakes, or promotion; or
- Shipping or fulfillment companies or other third-party services providers that help administer the contest, sweepstakes, or promotion.
If you do not want us to collect the information requested in the contest, sweepstakes, or promotion, or to provide it to co-sponsors or other third party service providers assisting with such contest, sweepstakes, or promotion, do not enter the contest, sweepstakes, or promotion.
We may also conduct surveys of our users to better understand them and their use of and satisfaction with the Service. We may engage third-party research firms to conduct these surveys on our behalf. Any Personally Identifiable Information that you submit in response to a survey conducted by or on behalf of the Company will not be shared with any company other than the research firm conducting the survey without your consent. We may, however, aggregate, on an anonymous basis, the information that you provide in response to the survey with that of other users who are participating in the survey and use that anonymous information for any purpose, provided that you are not personally identified.
We may also automatically receive and record information on our server logs from your browser, including your IP address, cookie information, and the pages you request.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with the Service, We may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- details of your visits to our Website and use of the Services, including (but not limited to) traffic data, location data, logs, search queries, and other communication data and the resources that you access and use on the Service; and
- information about your computer and internet connection, including your IP address, internet service provider, operating system, and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). The information We collect automatically is statistical data and does not include Personally Identifiable Information, but We may maintain it or associate it with Personally Identifiable Information We collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized Service, including by enabling us to:
- Estimate our audience size and usage patterns;
- Store information about your preferences, allowing us to customize the Service according to your individual interests;
- Speed up your searches; and
- Recognize you when you return to the Service.
The technologies We use for this automatic data collection may include, among others:
- Flash Cookies.Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see “Choices About How We Use and Disclose Your Information,” below.
- Web Beacons.Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We may tie certain automatically collected information to Personally Identifiable Information about you that We collect from other sources or that you provide to us. For information about how you can limit the use of behavioral tracking or other automatic data collection technologies that We may use, see “Choices About How We Use and Disclose Your Information” below.
We may use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser as part of a web page request, including the web pages you visit, your browser add-ons, your browser’s width and height, and other information that assists us in improving the Service. The third-party analytics services may aggregate the data they collect with data they collect from other websites to enhance their offering of analytical services, but will not use any information they collect for any directed marketing purposes.
How We Use Your Information
We use information that We collect about you or that you provide to us, including any Personally Identifiable Information:
- To provide our Service, including our Website and its contents, to you;
- To provide you with information, products, or services that you request from us;
- To fulfill any other purpose for which you provide it;
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- To notify you about changes to our Service, including our Website, or any products or services We offer or provide though it;
- To allow you to participate in interactive features of the Service;
- In any other way We may describe when you provide the information; and/or
- For any other purpose with your consent.
We may use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please unsubscribe from further e-mails from the Company by clicking the “unsubscribe” link at the bottom of any such e-mail from the Company. For more information, see “Choices About How We Use and Disclose Your Information” below. We may use the information We have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though We do not disclose your Personally Identifiable Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose Personally Identifiable Information that We collect or that you provide:
- To our subsidiaries and affiliates;
- To contractors, service providers, and other third parties We use to support our business;
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Service users is among the assets transferred;
- To third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see “Choices About How We Use and Disclose Your Information” below;
- To fulfill the purpose for which you provide it;
- For any other purpose disclosed by us when you provide the information; and/or
- With your consent.
We may also disclose your Personally Identifiable Information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
- If We believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others (including, but not limited to, exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction).
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the Personally Identifiable Information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Disclosure of Your Information for Third-Party Advertising.If you do not want us to share your Personally Identifiable Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an email stating your request to [email protected] .
- Promotional Offers from the Company.If you do not wish to have your email address/contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to [email protected] or by using the unsubscribe link at the bottom of any e-mail from the Company. This opt out does not apply to information provided to the Company as a result of an auction or exchange, service experience, or other transactions.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (”NAI”) on the NAI’s website.
California residents may have additional personal information rights and choices. Please see “Your California Privacy Rights,” below for more information. Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to [email protected].
Accessing and Correcting Your Information
Your California Privacy Rights
Notice of Privacy Rights for Residents of California
- Publicly available information from government records;
- Deidentified or aggregated consumer information; or
- Information excluded from the CCPA’s scope, such as (i) health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data, or (ii) personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
We do not sell your Personal Information. However, the following categories of Personal Information may have been collected or disclosed by or through the Services in the past twelve (12) months:
Collected, Disclosed, and/or Sold
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some personal information included in this category may overlap with other categories.
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
G. Geolocation data.
Physical location or movements.
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
I. Professional or employment-related information.
Current or past job history or performance evaluations.
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
K. Inferences drawn from other personal information.
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
We may disclose your Personal Information for a business purpose to the following categories of third parties:
- SERVICE PROVIDERS OR SOCIAL MEDIA COMPANIES
We will not sell your Personal Information without your consent, which consent may be withdrawn at any time pursuant to your right to opt-out of such sales.
Your Rights Under CCPA
You have the right to request that We disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once We receive and confirm your verifiable consumer request (see “Exercising Your Rights as a California Resident,” below), We will disclose to you:
- The categories of Personal Information We collected about you;
- The categories of sources for the Personal Information We collected about you;
- Our business or commercial purpose for collecting or selling that Personal Information;
- The categories of third parties with whom We share that Personal Information;
- The specific pieces of Personal Information We collected about you (also called a data portability request);
- If We sold or disclosed your Personal Information for a business purpose, two separate lists disclosing: (i) sales, identifying the Personal Information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
You have the right to request that We delete any of your Personal Information that We collected from you and retained, subject to certain exceptions. Once We receive and confirm your verifiable consumer request (see “Exercising Your Rights as A California Resident”), We will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception under the CCPA applies.
Exercising Your Rights as a California Resident
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either emailing us at [email protected] or write us at: 5 Colts Lane, Flemington, NJ 08822
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom We collected Personal Information or an authorized representative, and
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if We cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
Making a verifiable consumer request does not require you to create an account with us. However, We do consider requests made through your password protected account sufficiently verified when the request relates to Personal Information associated with that specific account.
We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, We will not:
- Deny you goods or services;
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
- Provide you a different level or quality of goods or services; or
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, We may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive We offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
Shine the Light Law
California Civil Code Section § 1798.83 permits users of our Service that are California residents to request certain information regarding our disclosure of Personally Identifiable Information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or write us at: 5 Colts Lane, Flemington, NJ 08822.
We have implemented measures designed to secure your Personally Identifiable Information 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 our Service, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Service like message boards. The information you share in public areas of the Service may be viewed by any person with access to the Service. Unfortunately, the transmission of information via the internet is not completely secure. Although We do our best to protect your Personally Identifiable Information, We cannot guarantee the security of your Personally Identifiable Information transmitted to our Service. Any transmission of Personally Identifiable Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Service.