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Website Privacy Shield

PRIVACY SHIELD STATEMENT
Effective September 15, 2020

This Privacy Shield Statement (“Privacy Shield Statement”) describes how Auction Mobility LLC in the United States (“US”) (“Auction Mobility,” “we,” “us,” or the “Company”) collect, use, and disclose certain personally identifiable information that we receive in the US from the European Union, the United Kingdom, and Switzerland (“Personal Data”).

This Statement supplements our Website Privacy Policy, and unless specifically defined in this Statement, the terms in this Statement have the same meaning as the Website Privacy Policy.

Auction Mobility complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (collectively, “Privacy Shield”) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and the United Kingdom and/or Switzerland to the United States in reliance on Privacy Shield. Auction Mobility has certified to the Department of Commerce that it adheres to the Privacy Shield Principles with respect to such information. If there is any conflict between the terms in this Privacy Shield Statement and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, please visit https://www.privacyshield.gov/. To review Auction Mobility’s representation on the Privacy Shield list, see the US Department of Commerce’s Privacy Shield self-certification list located at: https://www.privacyshield.gov/list and search for Auction Mobility LLC.

For purposes of enforcing compliance with the Privacy Shield, Auction Mobility is subject to the investigatory and enforcement authority of the US Federal Trade Commission.

Disclaimer

Note that on July 16, 2020, the Court of Justice of the European Union (CJEU) issued a judgment declaring as “invalid” the European Commission’s decision on the adequacy of the protection provided by the EU-U.S. Privacy Shield.  As a result of that decision, the EU-U.S. Privacy Shield Framework is no longer a valid mechanism to comply with EU data protection requirements when transferring personal data from the European Union to the United States.  Following the CJEU decision, on September 8, 2020, the Swiss Data Protection Authority announced that it no longer considers the Swiss-U.S. Privacy Shield Framework adequate for the purposes of transfers of personal data from Switzerland to the U.S. According to the U.S. Department of Commerce, neither decision relieves U.S. participants in the Privacy Shield program of their obligations under the EU-U.S. Privacy or the Swiss-U.S. Privacy Shield Framework.   As of the effective date of this Statement, the United Kingdom’s Information Commissioner’s Office still considers Privacy Shield an adequate transfer mechanism.

Personal Data Collection and Use

We may receive the following categories of Personal Data in the US:
– Contact information (name, email address, address).
– Billing and shipping information.

We process Personal Data for the following purposes:
– To register for more information about our products and services.
– To email promotions or newsletters.
– Business marketing and research.
– Fulfill customer orders.

Data Integrity and Purpose Limitation

Auction Mobility will only process Personal Data in ways that are compatible with the purpose that we collected it for, or for purposes the individual later authorizes. Before we use your Personal Data for a purpose that is materially different than the purpose we collected it for or that you later authorized, we will provide you with the opportunity to opt out. Auction Mobility maintains reasonable procedures to help ensure that Personal Data is reliable for its intended use, accurate, complete, and current.

Accountability for Onward Transfers

Third-Party Agents or Service Providers. We may transfer Personal Data to our third-party agents or service providers who perform functions on our behalf as described in our Website Privacy Policy. Where required by the Privacy Shield, we enter into written agreements with those third-party agents and service providers requiring them to provide the same level of protection the Privacy Shield requires and limiting their use of the data to the specified services provided on our behalf. We take reasonable and appropriate steps to ensure that third-party agents and service providers process Personal Data in accordance with our Privacy Shield obligations and to stop and remediate any unauthorized processing. Under certain circumstances, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of Personal Data that we transfer to them.

Disclosures for National Security or Law Enforcement. Under certain circumstances, we may be required to disclose your Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Security

Auction Mobility maintains reasonable and appropriate security measures to protect Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in accordance with the Privacy Shield.

Access Rights

You have the right to access the Personal Data that we hold about you and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of the Privacy Shield. These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access. If you would like to request access to, correction, amendment, or deletion of your Personal Data, you can submit a written request to the contact information provided below. We may request specific information from you to confirm your identity. In some circumstances we may charge a reasonable fee for access to your information.

Enforcement and Dispute Resolution

You can direct any questions or complaints about the use or disclosure of your Personal Data to us at legal@auctionmobility.com ATTN: Privacy Shield. We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your Personal Data within 45 days of receiving your complaint. If you are unsatisfied with the resolution of your complaint, you may seek resolution via binding arbitration, free of charge as described below.

Auction Mobility is registered with JAMS as its alternative dispute resolution provider based in the US. Accordingly, JAMS is the independent dispute resolution body designed by Auction Mobility to address complaints and provide appropriate recourse without cost to you. Please use the JAMS complaint form found at https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. The services of JAMS are provided at no cost to you.

As a last resort, privacy complaints that remain unresolved after pursuing these and other channels may be subject to binding arbitration before the Privacy Shield Panel as described in the Privacy Shield Agreement, Annex I (Binding Arbitration). For additional information, please visit the Privacy Shield website: www.privacyshield.gov for further information and assistance.

Contact Us

If you have any questions about this Privacy Shield Statement or would like to request access to your Personal Data, please contact us at

legal@auctionmobility.com ATTN:  Privacy Shield.

Changes to This Policy

We reserve the right to amend this Privacy Shield Statement from time to time consistent with the Privacy Shield’s requirements.

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