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 Alex Cooper Auctioneers, Inc. (“Alex Cooper”), including without limitation any website and/or application made available by Auction Mobility LLC (“Auction Mobility”) on behalf of Alex Cooper. 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”).
Alex Cooper is committed to protecting the privacy of users of Alex Cooper’s Services. Except as described in this policy, Alex Cooper does not share, sell, rent, trade or loan personal data to unaffiliated third parties for any purpose. This Privacy Policy describes how Alex Cooper treats information that it collects and receives related to your use of Alex Cooper’s Services.
This Privacy Policy applies to Alex Cooper Services only. As described in this policy, Alex Cooper shares your personal information with Auction Mobility and it may have its own privacy policy governing its use of your personal information.
By using this Site and/or Application and/or the Services you accept that your visit and any disputes over privacy is subject to this Privacy Policy and to Alex Cooper’s Terms and Conditions of Use ("Terms of Use"), located here, including the transfer of your personal information to the United States for processing, limitations on damages, arbitration, and selection of the law of the Commonwealth of Massachusetts.
Information Alex Cooper Collects/NoticeWe collect and store information that you voluntarily provide to us as well as data related to your use of the Site and Application. When the Application collects your information, you will be provided timely and appropriate notice describing what personal information we are collecting and how it will be used.
To utlize the Services, we ask that you create an account. When you register with Alex Cooper and use the Services, Alex Cooper may ask that you provide your name, mailing address, phone number, email address, user name and password. You can also choose to provide Alex Cooper 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 wish to notify Auction Mobility of any changes to the Individual Information it may store, you must contact Auction Mobility directly.
If you choose to purchase an item at auction, your payment information is processed by a third party payment processor with whom Alex Cooper and/or Auction Mobility have an agreement. Please carefully read the section titled “Processing of Payments for Auction Lots” below.
In addition, Alex Cooper automatically collects certain information and analytical data related to your use of the Site and/or Application. 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, and the features of the Site and/or Application you accessed (collectively “Aggregate Information”). This Aggregate Information is associated with your Individual Information.
How Alex Cooper Uses Information; Data RetentionThis Privacy Policy only applies to Auction Mobility’s use of collected information, both Individual and Aggregate. Auction Mobility’s privacy policy and use of collected information may differ from this policy and Alex Cooper has no responsibility or liability for Auction Mobility’s use of your information.
Alex Cooper uses collected information to make available and to improve Alex Cooper’s high standard of reliable services. Alex Cooper uses such information to:
respond to inquiries or service requests and monitor such responses;
resolve problems; and
marketing additional auction lots and other services of Alex Cooper; and
manage the Site and Application and assess usage of the Services.
Alex Cooper will retain Individual Information for as long as you use the Site and/or Application and for a reasonable time thereafter for recordkeeping and/or as required by law. If you’d like Alex Cooper to delete your Individual Information that you have provided in connection with the Services, please contact Alex Cooper at [email protected] and Alex Cooper will respond within a reasonable time.
Disclosure of InformationThe Site and Application are hosted and the Services are provided in the United States, pursuant to Alex Cooper’s agreement with Auction Mobility. Alex Cooper shares your Individual Information and Usage Information with Auction Mobility for its business purposes, including marketing purposes. If you would like further information about Auction Mobility’s use of your Individual Information, please refer to Auction Mobility’s privacy policy or contact Auction Mobility.
Information SharingIndividual Information. Except as described in following paragraphs of this section, Alex Cooper will not share your Individual Information with unaffiliated third parties unless you have consented to the disclosure or Alex Cooper believes the disclosure is necessary to (1) comply with the law or with a judicial proceeding, subpoena, warrant court order, or legal process, (2) protect and defend Alex Cooper’s rights and property, (3) protect Alex Cooper’s customers or users, including from misuse or unauthorized use of the Services, or (4) protect the safety or property of Alex Cooper’s employees, customers, users or others. Alex Cooper may be required to disclose information to third parties when required by law or under the good-faith belief that such disclosure is necessary in order to meet national security or law enforcement requirements, or to comply with legal process served on Alex Cooper. Under such circumstances, Alex Cooper may be prohibited by law, court order or other legal process from providing notice of the disclosure, and Alex Cooper reserves the right to not provide such notice in its sole discretion. Alex Cooper also 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).
Alex Cooper may disclose or transfer your Individual Information (1) to Auction Mobility, (2) to any corporate affiliates (for example its subsidiaries or parent corporation), (3) to its service providers (like hosting services), but only for their use to provide services to Alex Cooper, or (3) to an acquirer in connection with the sale of the business or assets of Alex Cooper. Alex Cooper requires Alex Cooper’s service providers that receive or access Individual Information to limit their use and disclosure of your information to the purposes for which you provided it.
Aggregate Information. Alex Cooper stores and shares Aggregate Information with companies that provide public relations and marketing services for Alex Cooper. Such information will only be shared by Alex Cooper to customize, measure and improve Alex Cooper’s Site, Application and Services. Alex Cooper is not limited in Alex Cooper’s use of Aggregate Information.
Processing of Payments for Auction LotsThe Site and the Application use “Stripe”, a third-party credit card processor with whom Alex Cooper and/or Auction Mobility have entered into an agreement, to process payments for auction lots that you choose to make through the Services; Stripe’s website may be visited at https://stripe.com. To make this possible, your Individual Information (including your credit card information) is transmitted via secure (encrypted) means with Stripe for the sole purpose of completing your order (“Billing Information”). Please note that your Billing Information (including credit card number, expiration date, CVV or security code) is stored by Stripe and not Alex Cooper, and as such, is subject to Stripe’s privacy policy (which can be viewed at https://stripe.com/us/privacy) and terms of use (which can be viewed at https://stripe.com/us/legal). It is important that you review the privacy policy of Stripe to understand how your Billing information is stored and processed. Neither Alex Cooper nor Auction Mobility has any access to Billing Information. The Site and Application only retain the expiration date of your credit card along with your Individual Information to enable Auction Mobility to process payments for future auction lots purchased.
Site and Application Push Notifications, Choice and Opt-OutThe Site and Application may also provide you with emails and/or push notifications of upcoming events, such as sales or auctions. Except as provided in the following sentence, you can opt out of receiving push notifications on your mobile device at any time by using the settings on your mobile device. If you have registered to bid on any auction lots, or have requested and agreed to terms to inspect any auction lot documents posted online by Alex Cooper, Alex Cooper may continue to send you emails or push notifications related to such auction lots until the auction closes with respect thereto. You can stop all collection of information by the Application by uninstalling the Application. You cannot stop collection of information when visiting the Site. 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. Note that uninstalling the Application will stop collection of information by the Application, but will not affect (or delete) information already provided to establish an account, and will not stop collection of information when you visit the Site. Please refer to “How Alex Cooper Use Information; Data Retention” for information on how to delete Individual Information held by Alex Cooper.
Cookies and Analytics ServicesCookies are small text files a website can use to recognize repeat visitors to a website. Alex Cooper may use cookies for varying purposes. Alex Cooper uses cookies to collect certain information about your mobile device automatically when you download and use the Application, such as the type of mobile device you use, the Internet Protocol (IP) address of your mobile device, your mobile device operating system, the type of mobile device Internet browser you use, and information about the way you use the Application. Alex Cooper also uses cookies to collect certain information about your use of the Site when you visit and/or use the Site, such as the type of device you use, the Internet Protocol (IP) address of your device, your device operating system, the type of device Internet browser you use, and information about the way you use the Site. If you prefer, you can program your mobile or other device so that it does not store this information while utilizing the Application or visiting or using the Site.
Alex Cooper may use third party analytics services (such as, without limitation, Google Analytics, Facebook Analytics and LinkedIn Analytics) to evaluate your use of the Site, the Application and the Services, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Site, the Application and use of the Services. Alex Cooper may use this information only to improve the Services, but does not combine it with personally identifiable information. By downloading the Application, visiting the Site and/or using the Services, you consent to the processing of Aggregate Information about your use by these analytics providers in the manner and for the purposes described in this Privacy Policy.
For information on how to opt out of such information collection by Google Analytics, please visit https://tools.google.com/dlpage/gaoptout. For information on how to opt out of such information collection by LinkedIn, please visit https://www.linkedin.com/legal/cookie-policy. For information on how to opt out of such information collection by Facebook, please visit https://www.facebook.com/help/account-settings-and-deletion.
Account SecurityThe 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 (including bids). You should not share your password or Services account with anyone. Alex Cooper will never ask you to send your password or other sensitive information to Alex Cooper in an email, though Alex Cooper 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 [email protected]; you may also report this to Alex Cooper personnel during business hours by calling 410-828-4838 but to make a valid report you must speak to an Alex Cooper representative and may not leave a voice message.
Children’s PrivacyThe Services are not directed to persons under the age of 18 and Services (including visiting and using the Site and/or downloading and/or using the Application), should not be used by any person under the age of 18. If you become aware that your child has provided Alex Cooper with personal information without your consent, please contact Alex Cooper at [email protected] and Alex Cooper will take steps to remove the information and disable the account. This shall not, however, relieve of any responsibility or liability arising by use of the Services prior to the time the account is disabled.
Effective Date; Policy ChangesEach time you use the Services, the current version of the Privacy Policy will apply. Accordingly, when you use the Services, you should check the date of this Privacy Policy (which appears at the top of the Privacy Policy) and review any changes since the last version. Alex Cooper’s business changes frequently and this Policy is subject to change from time to time.
Notice to California ResidentsCalifornia Civil Code Section 1798.83 permits customers who are California residents and who have provided Alex Cooper 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 Alex Cooper via email at [email protected] or by mail at Alex Cooper Auctioneers, Inc., Attn: Notifications, 908 York Road, Towson, MD 21204, United States.
Notice to European Union ResidentsPlease note that the Site, Application and 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. Alex Cooper has written this Policy to satisfy United States regulations and the users of the Site, the Application and Services agree to that level of privacy protection.
If you are a resident of the European Union, you are entitled to withdraw consents to contact at any time. To exercise this right with respect to Alex Cooper, please send Alex Cooper an email or letter to the contact points above.
InterpretationThis Privacy Policy is intended to be interpreted in the English language, and any translation is made for the convenience of the parties only. In the event of a conflict between the English and the translated versions, the English version will control and supersede.