Privacy Policy


Updated on June 27th, 2015

(This Privacy Policy forms part of our Terms of Service where terms are defined)

We are the eAUCTION, the owner and operator of the Website at dutchEauction.com. In order to give you a personalized experience when you use our Website, and in order to provide our services, we collect some information about you. We understand that your privacy is important, and we are committed to being open with you about the information that we collect, and how and why we use it. This statement details how your PII is collected/used/disclosed when you visit our Websites or otherwise interact with us. If we update it, we will revise the date, place notices on our Website if a change is material, and/or obtain your consent as required by law.

By using the Website, you consent to the collection, use, storage and disclosure of your PII as described in this Privacy Policy.

CATEGORIES OF INFORMATION

Some information is, by its very nature, intended to be shared with others -- for example, the contact information, descriptions, and photographs that you choose to submit to be posted in a for sale listing on the Website. This category also includes any PII that you choose to post in publicly accessible areas of the Website, or in your user profile. We call this type of information "Shared Information," and you consent to this information being made available to and shared with anyone, including in publicly accessible areas of the Website, other eAUCTION sites, in print publications, or publications in other formats. The eAUCTION cannot control this information, or what third parties may do with this information, and by posting this information publicly, you waive any privacy rights you may have in this information.

Some information that we may collect, like your email address or your IP address, might enable someone to identify you personally. We call this type of information "Personally Identifying Information" or “PII”, and we use our best efforts to maintain the confidentiality of this type of information. This category does not include anonymized Demographic Information (and/or other information which does not by itself identify you personally) except when that information is in a set or collection that is associated with your personal information in such a way that the individual to whom the information relates could readily and easily be identified.

We may collect other information, such as details of your browsing patterns on the website, data contained in web "cookies", a history of links that you have clicked on, coarse geographic and location data (e.g.: what town or city you are connecting from), or any other data that we store and use to determine your interests and customize your user experience. We recognize that disclosure of such information might compromise your privacy if it was accompanied by PII, thereby allowing someone to associate this information with you. However, if such information were disclosed without any accompanying PII, it would not directly reveal anything about you personally. We call this type of information "Demographic Information," and we may share this type of information with third parties, but never accompanied by PII (except where we may be required or compelled to do so, for example in response to a court order, or as required in order to provide services to you.) Collection and use of each of these categories of information is crucial to our business and operations, and to our ability to provide services to you. We collect and use this information in order to establish, maintain and manage our relationship with you, to communicate with you, to personalize your user experience on the Website, to provide you with advertising and content tailored to your interests, and to provide services to you. We may be required to use the information we collect to enforce our legal rights, or to defend against claims or other legal action. Collection of this information also allows us to assess and improve the services which we provide, and to analyze user habits and market trends.

USE AND DISCLOSURE OF PII

You permit us to collect, use and disclose your PII for certain purposes as described in this Privacy Policy. With your consent, we may also collect, use or disclose your PII for other purposes. Such consent may be express, deemed, or implied, as may be reasonable under the circumstances -- for example, your consent will be implied where you submit PII in circumstances where it should be clear to you that the information must be used, collected, or disclosed in order to provide a service that you have requested. We may collect, use, maintain or disclose your PII without your knowledge or consent where permitted or required by applicable law.

Your PII may also be used and disclosed, if required, to enable us to comply with applicable legal and regulatory requirements. For example, we may be required to disclose some or all of your PII in order to comply with a court order or subpoena. Where reasonably possible, and provided we are not precluded from doing so, we will make a reasonable effort to inform you if we are ever required to disclose your PII pursuant to a court order.

We may use contact information that you provide to contact you about the Website and the services we provide, or otherwise to maintain our relationship with you. We collect customers’ financial information (such as account or credit card numbers) to bill users for products and services, but we retain this information only as required to process the transaction and for as long as may be required by law. The eAUCTION’s online surveys may ask visitors for contact information (such as email addresses) and demographic information (such as postal code, age, or income level). The eAUCTION uses contact data from our surveys to send users information about our products and services. Users may opt-out of receiving future mailings (see the Opt-Out section below).

The eAUCTION may use customer information for additional purposes that may be identified at or before the time that the information is collected. The eAUCTION also uses information from customers for accounting and transaction completion purposes.

PASSWORDS

We do not store your password in our databases. Instead, we store a unique "cryptographic hash" generated from your password. Each time you login, we generate a cryptographic hash from the password you enter, and compare it to the hash stored in our database. If they match, we know you entered the right password. It is not feasible to determine your password from the cryptographic hash that we store. Even we don't know what your password is.

DATA WE USE TO PROVIDE/IMPROVE OUR SERVICE

You may view the publicly available areas of the Website anonymously, without registering a user account. However, you should be aware that your computer, network and web browser may be configured in such a way that certain information is transmitted to us when you connect to our servers, including the following:

  • data you post on the eAUCTION, or send us directly or via other sites. Please do not post private data.
  • credit card data, which is transmitted to payment processors via a security protocol (e.g. SSL).
  • data you provide (e.g. email address, name, address, phone, fax, photos, tax ID).
  • web log data (e.g. information about your visit, pages viewed, access times, IP address, HTTP headers, information about pages that may have linked you to our website).
  • persistent data stored in internet "cookies" (e.g. keyword searches and "favorites" lists).
  • Information about your computer’s configuration (e.g. operating system, web browser you are using, screen size, DOM local storage, plugins).
  • data from 3rd parties (e.g. phone type, general location derived from IP address).

We may collect and use this information to monitor the performance, functionality and utility of our website, and for business purposes including the ongoing assessment, statistical analysis and improvement of our website and services. This information (with the exception of your full IP address), and information we may derive from this information, is not PII, and may be used, collected and disclosed as we see fit.

Except as described herein, we do not employ tracking devices for marketing purposes.

WHO CAN ACCESS YOUR PII

Your PII may be accessible to our employees, contractors, consultants, service providers, and such other parties who require this information to assist us with establishing, maintaining and managing our business relationship with you. This may include third parties engaged to provide services to us (including any parties working with us to provide services to you). We take precautions to prevent unauthorized access to or misuse of data about you.

We may disclose your PII to sellers of vehicles on our Website if you ask us to do so, or consent to us doing so. For example, when you submit your PII on our Website for the purposes of obtaining additional information about a vehicle from the seller, we will provide this information to the seller.

Your PII may be disclosed or transferred in the event of a change in ownership of the eAUCTION, or a grant of an interest in the eAUCTION, in part or in whole, through any form of business acquisition, merger, joint venture or otherwise. Any party acquiring such an interest in the eAUCTION may be granted access to your PII pursuant to terms governing collection, use and disclosure consistent with those set out in this Privacy Statement.

We may be required to disclose your data

  • to respond to subpoenas, court orders, or other legal process.
  • to protect our rights, property, or safety, or that of our users or the general public.
  • in connection with a merger, bankruptcy, or sale/transfer of assets to another company.

YOUR CONSENT IS IMPORTANT

It is important to us that we obtain your consent whenever we collect, use, maintain or disclose your PII. We do not send you unsolicited communications for marketing purposes.

DELETING YOUR USER ACCOUNT

You may, at any time, delete your user account. Your user account information will be maintained for 30 days after you deactivate your account, in case you choose to reactivate the account. Then, (subject to any legal requirement for us to retain these records), your PII will be deleted. We may store anonymized Demographic Information indefinitely. Shared Information, such as your submissions, listings, and comments, may remain on the Website after your account is deleted, however.

STORAGE OF YOUR PII

We have data security policies and practices in place, and use our best efforts to safeguard your PII from unauthorized access, use or disclosure. However, we cannot be held liable in the event of unauthorized access to or inadvertent disclosure of any PII.

We retain data as long as needed for our business purposes and/or as required by law. You may access and update certain data about you by logging into your account.

DATA COLLECTION BY THIRD PARTIES

We do not share your data with third parties for marketing purposes. Neither do we engage in cross-marketing or link-referral programs with other sites. Your data may be disclosed in aggregate or summary form, as long as it cannot reasonably be used to identify you.

While using the Website, your computer may connect to third-party servers that are not under our control. This may happen, for example, when content hosted on a third-party server is embedded inline in a page on the Website, or if you leave the Website to view linked content. These third parties may collect information about you. We have no control over how they collect, use, or disclose that information. In order to provide services to you, we may engage third party vendors and service providers (e.g. payment processors) working on our behalf. We may share your PII with our third party vendors and service providers. Third party vendors and service providers may have privacy policies and information gathering, storage, and disclosure procedures that differ from those set out herein.

You recognize that during the course of your connection to, or use of the Website, as a result of disclosure to third parties as outlined above, or as a consequence of the network connections used to connect to the Website or any related servers or computer networks, any data transmitted may be transmitted to jurisdictions outside of Canada, and may therefore be subject to the laws of those other jurisdictions, which may differ from the laws of Canada.

OUR PRIVACY OFFICER

We have appointed a Privacy Officer to oversee compliance with this Privacy Statement. The contact information for our Privacy Officer is as follows:

Privacy Officer Email: privacy@dutcheauction.com

Inquiries related to this Privacy Statement or concerns relating to the collection, disclosure, accuracy, use or retention your PII should be directed to the Privacy Officer. Our Privacy Officer also welcomes comments and suggestions for improvement to this Privacy Statement and to our privacy practices. We may not be able to implement every suggestion, but we are interested and we are listening.

OPTING OUT and CORRECTIONS POLICY

When appropriate, users of the Website are given the opportunity to (i) opt-out of receiving communications from us, (ii) remove their information from our database, or (iii) elect to no longer receive services from us. If you wish to opt-out of receiving further communications, please contact the eAUCTION’s Privacy Officer using the contact information provided above. Users of this Website may contact the Privacy Officer to modify or correct any of their PII that is under our control. An individual may also direct a written complaint regarding compliance with this Privacy Statement to the Privacy Officer and, within a reasonable time upon receiving the written complaint, the Privacy Officer will conduct an investigation into the matter. Within a reasonable time of concluding the investigation, the Privacy Officer will inform the complainant whether the complaint will be allowed or denied. If the Privacy Officer considers the complaint to be well founded, the eAUCTION will take appropriate measures to address the complaint.

REVISIONS AND INTERPRETATIONS

We may amend this Privacy Policy from time to time by posting an amended version of this Privacy Policy on our website at dutcheAuction.com. Any amendments will be effective from the date on which they are posted. By continuing to use the Website after these amendments are posted, you agree to these amendments. This Privacy Statement has a limited scope and application, as set out herein and in applicable legislation. This Privacy Statement does not create or confer upon any individual any rights, or impose upon us any obligations beyond, or in addition to, those rights or obligations imposed by applicable privacy laws in effect in the Province of British Columbia. If in a specific case, any inconsistency between this Privacy Policy and applicable privacy laws, as applicable, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws. Any disputes arising in connection with this Privacy Policy or in connection with our use, collection or disclosure of any PII shall be governed by the laws of British Columbia (and the laws of Canada applicable therein). Any such disputes shall be heard at the Courts in Vancouver, British Columbia.