INDY.AUCTION: GLOBAL PRIVACY POLICY

Introduction

Welcome to Indy.auction’s (a website and auction platform (“Indy.auction”) owned by The Auction Collective Limited’s (“TAC”)) privacy policy.

TAC respects your privacy and is committed to protecting your personal data. This privacy policy will inform you how we look after your personal data and tell you about your privacy rights and how the law protects you.

Please use the Glossary (at section 13 below) for explanation of some of the terms we use.

This privacy policy comprises the following sections: :

The Privacy Laws that Apply to You.

Important Information and Who We Are.

The Data We Collect About You.

How Is Your Personal Data Collected?

How We Use Your Personal Data.

Disclosures of Your Personal Data.

International Transfers.

Cookies.

Data Security.

Data Retention.

Your Legal Rights (when the Privacy Laws of the UK and/or Europe Apply).

Children's Privacy.

Glossary.

 

1.   The Privacy Laws that Apply to You

The personal data of clients and individuals based:

• in the United Kingdom (“UK”), will be governed by, and processed in accordance with the privacy laws of the UK as set out in the glossary at section 13 below.
• in Europe, or the European Economic Area (“EEA”), will be governed by, and processed in accordance with the privacy laws of Europe, as set out in the glossary at section 13 below.
• in the United States, will be governed by, and processed in accordance with the privacy laws of the relevant State Laws in which the client and/or individual is based.
• otherwise outside of the UK and or EEA, will be governed by, and processed in accordance with the local laws of that jurisdiction.

Please note, notwithstanding the above, if you are a client of TAC, but are based outside of the UK or EEA, your personal data will be governed by, and processed in accordance with the privacy laws of the UK and/or Europe, regardless of your location.

 

2.   Important Information and Who We Are

Purpose of this privacy policy

This privacy policy will give you information about how we collect and process your personal data through your use of Indy.auction, including any data you may provide when you contact us, purchase (or enquire about) our services, or sign up to our mailing lists.

Indy.auction is not intended for children, and we do not knowingly collect data relating to children.

It is important that you read this privacy policy (together with any other privacy or processing policy we may provide on specific occasions) so that you are fully aware of how and why we are using your information. This privacy policy supplements other notices and policies and does not override them.

Controller

TAC is made up of different legal entities, as confirmed below under the heading “TAC Details and Contact Information”.

This privacy policy is issued on behalf of the TAC Group (in respect of the client data processed and use on Indy.auction) so when we say "TAC”, "we", "us" or "our" in this privacy policy, we are referring to the relevant TAC company who is responsible for processing your data.

For the purposes of the UK and European privacy laws:

• TAC is the controller and is responsible forauction; and
• TAC will either be the controller or processor of any personal data you provide to us in connection with that contract, and that client contract will confirm whether we will be acting as controller or processor.

Our Chief Executive Officer responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact our Chief Executive Officer using the details set out below.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review; this version was last updated on the date stated at the beginning of it.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

Indy.auction may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave Indy.auction, we encourage you to read the privacy policy of every website you visit.

TAC Details and Contact Information

If you have any questions about this privacy policy or our privacy practices, please contact us in the following ways:

If you are based in the UK:

Full name of legal entity: The Auction Collective Limited (Company Number: 11070414), incorporated and registered in England and Wales.

Email address: support@indy.auction

Postal Address: 10 John Street, London, United Kingdom, WC1N 2EB

If you are based in the UK, or are working with TAC, you have the right to make a complaint at any time to a relevant Data Protection Authority based within the UK. The UK regulator for data protection issues is the Information Commissioner's Office (ICO) (www.ico.org.uk).

If you are based in the United States:

Full name of legal entity: The Auction Collective LLC

  Email address: support@indy.auction

Postal Address: 2140 South Dupont Hwy, Camden, DE 19934

We would, however, appreciate the chance to deal with your concerns before you approach the relevant data protection authority, so please contact us in the first instance.

 

3.   The Data We Collect About You

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth, gender and photographs/images.
• Profile Data includes your username and password, your interests, preferences, feedback and survey responses.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you and other details of services that you have purchased from us.
• Technical Data includes information about how you use Indy.auction, internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access Indy.auction.
• Usage Data includes information about how you use Indy.auction.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We may also collect, use and share Aggregated Data such as statistical or demographic data. Aggregated Data could be obtained from your personal data but is not considered personal data in law as it will not directly or indirectly reveal your identity. For example, we may aggregate some of your Technical and Usage Data to calculate the percentage of users accessing a specific Indy.auction feature.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have, or are trying to enter into, with you (for example, to provide you with our services). In this case, we may have to cancel a service you have with us, but we will notify you if this is the case at the time.

 

4.   How Is Your Personal Data Collected?

We may use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Profile, Contact, Transaction, Financial or Marketing and Communications Data by filling in forms or by corresponding with us by post, phone, email, through contact forms on our website (or on Indy.auction), or otherwise. This includes personal data you provide when you (i) enquire about or purchase our services, (ii) subscribe to our marketing, (iii) contact us, (iv) give us feedback, (v) use our services through Indy.auction, and (vi) request support.
• Automated technologies or interactions. As you interact with Indy.auction, we will automatically collect Technical and Usage Data about your equipment, browsing actions and patterns. We may collect this personal data by using cookies, server logs and other similar technologies. Please see more information about cookies in section 6 below.
• Third parties or publicly available sources. We will receive personal data about you from various third parties as set out below:
• Technical and Usage Data from analytics providers, such as Google, HotJar and Meta, based outside the UK and EEA;
• Contact Financial and Transaction Data from providers of technical, payment and delivery services, such as Stripe and Paypal based both inside and outside the UK and EEA;
• Identity and Contact Data from publicly available sources, such as Companies House and the Electoral Register, based inside the UK and EEA; Identity and Contact Data from Know Your Customer (“KYC”) and Know Your Business (“KYB”) providers such as Sumsub, based inside the UK and EEA; and
• Contact Data from address look-up providers such as Loqate and Google Maps, based both inside and outside the UK and EEA.
  
  

5.   How We Use Your Personal Data

In situations where personal data has been provided to us and remains identifiable, we will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract that we are about to enter, or have entered, into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.

Please see section 13 (Glossary) below to find out more about the types of legal basis (or lawful purpose) that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis (or lawful purpose) for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Specific purposes for which we will use your personal data

We have included a table below which describes the ways that we plan to use your personal data, and which of the legal bases we rely on under UK and European privacy laws to do so. We have also, where appropriate, identified what our legitimate interests are.

Please note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if, where more than one ground has been set out in the table below, you need details about the specific legal ground which we are relying on to process your personal data.

Purpose for Processing, or Processing Activity	Type of data	Legal basis for processing
To register you as a new client and deliver our services to you including (i) onboarding a client onto Indy.auction in order for them to utilise this aspect of our services, and (ii) dealing with payment and invoice recovery.	(a) Identity (b) Contact (c) Financial (d) Transaction	(a) Performance of a contract with you. (b) Necessary for our legitimate interests (to recover debts due to us).
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy; (b) Asking you to complete a testimonial, leave a review, or take a survey; (c) Contacting you with regards to updates or informative communications related to our services; and (d) Attending to and managing your requests and queries.	(a) Identity (b) Contact (c) Profile (d) Marketing and Communications	(a) Performance of a contract with you. (b) Necessary to comply with a legal obligation. (c) Necessary for our legitimate interests (to keep our records updated and to study how clients use our services, particular in order to develop our services and grow our business).
To administer and protect our business and Indy.auction (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).	(a) Identity (b) Contact (c) Technical (d) Usage	(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise). (b) Necessary to comply with a legal obligation.
To deliver relevant Indy.auction content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical (g) Usage	Necessary for our legitimate interests (to study how clients use our products/services, to develop them, to grow our business and to inform our marketing strategy).
To use data analytics to improve Indy.auction, services, marketing, client relationships and experiences.	(a) Technical (b) Usage	Necessary for our legitimate interests (to define types of clients for our services, to keep Indy.auction updated and relevant, to develop and adapt Indy.auction based on how efficient and useful it is for our clients, to develop our business and to inform our marketing strategy).
To make suggestions and recommendations to you about services that may be of interest to you.	(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Marketing and Communications	Necessary for our legitimate interests (to develop our services, Indy.auction, and grow our business).

 

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us, or purchased goods or services from us, and you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time, following the opt-out links on any marketing message sent to you or logging into the website and checking or unchecking the relevant boxes on your profile settings to adjust your marketing preferences.

Where you opt-out of receiving these marketing messages, this will not apply to the personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

Change of purpose

We will only use your personal data for the reasons we collected it, unless we reasonably need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

6.   Cookies

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive. Our website and platform may use cookies or other such similar technologies to distinguish you from other users of our website, and other clients using Indy.auction.

Currently, we do not use cookies on Indy.auction and so you can use Indy.auction free from any cookies without blocking or disabling these in your browser options. Should we use cookies in the future, we will update this policy and confirm the cookies that we use, these cookies may include:

• Strictly necessary cookies. These are cookies that are required for the operation of our website, or the platform. They include, for example, cookies that enable you to log into secure areas of our website, secure and confidential areas of the platform that have been tailored to your use as our client, or make use of any available billing services.
• Analytical or performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around our website and the platform when they are using either of them. This helps us to improve the way our website and the platform works, for example, by ensuring that users are finding what they are looking for easily, and that clients are receiving an efficient and useful service from us.
• Functionality cookies. These are used to recognise you when you return to our website or the platform. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Targeting cookies. These cookies record your visit to our website and the platform, the pages you have visited and the links you have followed. We will use this information to make our website, the platform, and the advertising displayed on it more relevant to your interests.

Third Party Cookies

Please note that third parties may also use cookies, over which we have no control. These third parties may include, for example, advertising networks and providers of external services like web traffic analysis services. These third-party cookies are likely to be analytical cookies or performance cookies or targeting cookies, and some such third-parties may include, but are not limited to, Google, Facebook, Stripe, and PayPal.

For more information on how third party companies collect and use information, please refer to their privacy policies.

Web Beacons and Conversion Pixels

We may also use web beacons (including conversion pixels) or other technologies for similar purposes as above. Conversion pixels are small codes located on a particular web page which are triggered when someone visits a page resulting in an increase in the conversion count.

We may include these technologies on our website, on Indy.auction, in marketing e-mail messages, in our newsletter, or on affiliated websites, to determine whether messages have been opened and links clicked on. Web beacons do not place information on your device, but they may work in conjunction with cookies to monitor website activity. The information provided about cookies also applies to web beacons and similar technologies.

Removing and Blocking Cookies

In your browser options you will be able to remove existing cookies, set your browser to refuse all or some browser cookies, and alert you when websites set or access cookies.

From time to time Indy.auction may use essential cookies in order to function and so, in those cases, if you disable or refuse cookies, please note that some parts of Indy.auction may become inaccessible or not function properly.

 

7.   Disclosures of Your Personal Data

We may share your personal data with the parties set out below for the purposes set out in the table in section 5 (How we use your personal data) above.

• Internal Third Parties as set out in the Glossary.
• External Third Parties as set out in the Glossary.
• Specific Third Parties as set out in the Glossary.
• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

 

8.   International Transfers

As an auction platform we will share your personal data with sellers and auction hosts, and also to other members of the TAC Group. This may (depending on where you and the seller are based) involve transferring your personal data to (or within) the UK, the EEA and to various overseas territories.

In instances where sellers and/or buyers are based worldwide so their processing of your personal data may involve a transfer of personal data outside of the UK and EEA, whenever we transfer such data we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
• Where the country is not deemed to have an adequate level of protection, we (i) will use specific contracts approved for use in the UK and EEA (called Standard Contractual Terms and/or International Data Transfer Agreements) which give personal data the same protection it has in the UK and EEA, and (ii) undertake a data transfer risk assessment to ensure the protection of your data.
• In the case of transfers to the United States we subscribe to the principles of the Privacy Shield Framework.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK and EEA.

 

9.   Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

 

10.   Data Retention

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect of our relationship with you.

To decide the appropriate retention period, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our clients (including Contact, Identity, Financial and Transaction Data) for six years after they cease being clients for tax purposes.

In some circumstances you can ask us to delete your data: see section 11 (your legal rights) below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

 

11.  Your Legal Rights (when the Privacy Laws of the UK and/or Europe Apply)

Under the UK and European privacy laws, and certain circumstances, you have rights under data protection laws in relation to your personal data, including the right to:

• request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data that we hold about you and to check that we are lawfully processing it.
• request correction of your personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local laws. Please note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground, as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• request restriction of processing your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (i) if you want us to establish the data's accuracy; (ii) where our use of the data is unlawful but you do not want us to erase it; (iii) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; (iv) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• request transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• withdraw consent where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us using the contact details relevant to you in section 2 (Important Information and Who We Are) above.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

 

12.  Children's Privacy

Indy.auction does not address anyone under the age of 16. We do not knowingly collect personal data from anyone under the age of 16. If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us. If we become aware that we have collected personal data from anyone under the age of 16 without verification of parental consent, we shall take steps to remove that information from our servers.

If we need to rely on consent as a legal basis for processing your information and your country requires consent from a parent, we may require your parent's consent before we collect and use that information.

 

13.  Glossary

a. PRIVACY LAWS

At the date of this version of this privacy policy:

• The UK privacy laws include: (i) the Data Protection Act 2018 (“DPA”); (ii) the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“PECR”); and (iii) the UK GDPR, being the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) and as defined by section 3(10) of the DPA.
• The European (and EEA) privacy laws include: (i) the General Data Protection Regulation ((EU) 2016/679); and (ii) the PECR.
• The United States privacy laws include: (i) Federal Trade Commission Act; (ii) the Children’s Online Privacy Protection Act and relevant US State privacy laws (and associated regulations).

b. LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you and your rights (both positive and negative) before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

c. THIRD PARTIES

Internal Third Parties

In instances where the other companies within the TAC Group acting as joint controllers or processors, these may provide our services to you, hold your personal data on their third party servers, and may also provide IT, system, financial and other administrative services.

External Third Parties

• Service providers (such as payment providers, web developers, marketing support and external IT support for client access to Indy.auction) acting as processors based in India, United States, and the UK, who provide payment services, advertising, web/software development, IT and system support services.
• Professional advisers acting as processors including lawyers, bankers, auditors, and insurers based in the UK and USA who provide consultancy, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities acting as processors based in the UK and USA who require reporting of processing activities in certain circumstances.

Companies providing services to us, either directly or indirectly, in order to fulfil our contractual obligations to you including Amazon Web Services.

d. STATE LAWS

Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Data portability.
• Opt-out of personal data processing for targeted advertising and sales.

       Colorado, Connecticut, and Virginia also provide their state residents with rights to:

• Correct inaccuracies in their personal information, taking into account the information's nature processing purpose.
• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights please contact support@indy.auction.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: support@indy.auction. However, please know we do not currently sell data triggering that statute's opt-out requirements.