Privacy Notice

Privacy Notice – Highlights

Last Updated: February 18, 2026

When you use or interact with a website, mobile app or other digital service (each a “Digital Service”) operated or owned by Dealer Auction, LLC (“DealerAuction”), we and third parties may obtain certain information about you. In this Highlights section, we provide an overview of our privacy practices related to the Digital Services. Please review our full Privacy Notice below for a detailed explanation of our practices.

What Information We Obtain

• Information you provide when you use the Digital Services, including when you sign up for newsletters, create an account, and list or place a bid on a listed vehicle or other products and services through the Digital Services. This may include your contact, payment or demographic information.
• Information you submit when you choose to participate in a survey, sweepstakes, contest, promotion, event or similar initiative.
• Information you give us about others, such as a friend’s contact information when you share our content.
• Information collected for compliance with legal or regulatory requirements. Depending on the country, this may include your date of birth, tax identification number, and place of birth.
• Information collected by automated means such as cookies or pixels. This may include information about your device and browser, including IP address, unique identifiers or mobile device advertising identifiers, as well as information about how you and others use, interact with or respond to the Digital Services. This collection may take place while you are using a Digital Service or while the Digital Service is running in the background of your device.
• Precise location information associated with your device when location services are active.
• Information we obtain from other sources, such as business partners, data suppliers and social media platforms.

Read more in section B. What Information We Obtain.

How We Use Information We Obtain

• To process your requests and provide you with the Digital Services, including to enable you to publish listings or participate in auctions, to connect you with the seller if your bid was successful and deliver customized content or recommendations. Note that we use your payment card information (such as your card number and expiration date) for limited purposes such as to process your transaction (including recurring payments, if applicable), to provide you with the requested products or services and to protect our rights or the rights of others.
• To learn about users of the Digital Services and analyze how you and others interact with and respond to the Digital Services.
• To communicate with you, including to send you marketing and promotional communications.
• For advertising and marketing purposes, including, depending on your jurisdiction, deliver targeted ads, for cross-device linking and to analyze the performance of advertising and marketing activities.
• To protect our rights and the rights of others.
• To comply with legal and regulatory requirements.

Read more in section C. How We Use the Information We Obtain.

How We Provide Information to Others

• To sellers and others with whom you engage as a result of your participation in auctions or other features made available on, or in connection with, the Digital Services.
• To service providers that perform services or handle transactions on our behalf.
• To advertisers, advertising- and marketing-related service providers and partners as well as companies that help us learn how you and others interact with our content.
• To social media platforms and similar services, including when you interact with our Digital Services that integrate tools and services provided by social media platforms.
• To business partners and others, such as when we partner with a third party to offer products or services on a co-branded basis, or for their own advertising, marketing, and other commercial purposes.
• To other parties, including government authorities and agencies, when required by law or as necessary to protect our rights or comply with legal or regulatory requirements, and in the context of corporate transactions.
• With your consent or otherwise at your direction.

Read more in section D. How We Provide Information to Others.

Your Privacy Rights, Including Marketing and Targeted Ads Opt-Outs

• Depending on where you live, and subject to applicable laws, you may make requests to access, delete, correct, or convey your opt-out preferences with respect to your personal information. See section E. Your Privacy Rights, Including Marketing and Targeted Ads Opt-Outs.
• You may take steps to limit the use of your information for targeted advertising on your browser or mobile device. See section E. Your Privacy Rights, Including Marketing and Targeted Ads Opt-Outs.
• You may unsubscribe from our marketing or promotional emails by clicking the “Unsubscribe” link in our emails, or for certain Digital Services, by logging into your account and adjusting your preferences.

Read more in section E. Your Privacy Rights, Including Marketing and Targeted Ads Opt-Outs.

Additional Information

• We use a variety of security technologies and procedures to help protect information from unauthorized access, use or disclosure.
• The Digital Services are operated from the United States. Information may be processed and stored in the United States or other countries.
• The Digital Services are not intended for use by children under the age of 18.
• This Privacy Notice is part of the Terms, which govern your use of the Digital Services and any disputes related to your use of the Digital Services (including our use of your information) will be resolved per the dispute resolution provision in the Terms of Use.
• Additional disclosures and rights apply to users in certain jurisdictions including California and Canadian residents and European visitors. These are included at the end of this Privacy Notice. See section N. Notice at Collection/Additional Information for California Residents, section O. Additional Information for European Visitors and section P. Additional Information for Canadian Residents.

Contact Us

If you have questions about our Privacy Notice or about the privacy rights described in section E. Your Privacy Rights, Including Marketing and Targeted Ads Opt-Outs, please contact us at support@dealerauction.com.

PRIVACY NOTICE

Last Updated: February 16, 2026

A. Introduction

B. What Information We Obtain

C. How We Use Information We Obtain

D. How We Provide Information to Others

E. Your Privacy Rights, Including Marketing and Targeted Ads Opt-Outs

F. How We Protect Your Information

G. Non-U.S. Visitors

H. Children’s Privacy Rights

I. Links to Third-Party Websites, Mobile Apps or Other Services

J. Careers/Job Opportunities

K. Dispute Resolution/Terms of Use

L. Changes to This Privacy Notice

M. Contact Us

N. Notice of Collection/Additional Information for California Residents

A. INTRODUCTION

This Privacy Notice (the “Privacy Notice”) applies to the website, mobile application or other digital service (each a “Digital Service”) linking to this Privacy Notice and owned or operated by DearlerAuction LLC (“we”, “us”, “our” or “DealerAuction”). This Privacy Notice describes the privacy practices of DealerAuction only and does not cover the practices of other users with whom you may engage through the Digital Services or other companies, including those that may advertise or sponsor content, products or services on the Digital Services.

B. WHAT INFORMATION WE OBTAIN

When you use a Digital Service, we may obtain various types of information related to you and your use of the Digital Service. This may include information that directly identifies you such as your name, address, or contact information (this type of information may be called “personal information,” “personal data,” or “personally identifiable information”). Certain pieces of information we obtain (for example, account login, payment card information, race or ethnicity) may be considered “sensitive” under privacy laws. The information we obtain generally consists of information (1) you give us about yourself, (2) you give us about others, (3) automatically collected about your interactions with the Digital Services and our content or ads on third-party websites, apps or other media, and (4) we get from other sources.

1. Information you give us

We may ask you to provide information about yourself when you use the Digital Services. For example, to subscribe to one of our newsletters, you will need to give us an email address. You may not be able to use certain features if you choose not to submit the requested information.

The information you give us may include details such as:

• Contact information (e.g., name, mailing address, email address or phone number). This may be your personal or professional contact information if you are a dealer.
• Information you provide in auction listings, including vehicle year, make, model, geographic location, vehicle identification number (“VIN”) and other vehicle related information and/or information about any other products or services you may list or make available on, or in connection with, the Digital Services.
• Demographic, interests and household information (e.g., age, gender or education).
• Payment information for transactions made through the Digital Services (e.g., payment card number, expiration date and billing information collected via our third-party payment processors).
• Comments, photos, videos and other content or information you choose to publish on the Digital Services or otherwise share with us, including photos of vehicles which may include license plate information.
• Information you provide when you choose to participate in surveys, polls, sweepstakes, contests or promotions (including information about your participation in activities that may generate loyalty or rewards points).
• Location information, which may include precise location information when you permit the Digital Services to access device location. To prevent the collection of precise location information, please refer to instructions provided by your mobile service provider or device manufacturer.
• Other information you may allow us to access through your device’s permissions settings, such as your contacts or address book.
• Transactional and activity information (e.g., data regarding listings, bids, requests and other transaction-based content that you generate or derived from your activities).
• Information collected for compliance with legal or regulatory requirements. Depending on the country, this may include your date of birth, tax identification number, and place of birth.

2. Information you give us about others

You may give us information about other people, such as the name and email of a friend or contact with whom you want to share our content. Do not give us information about others unless you are authorized or have their consent to do so. We will use their information for the purposes described in this Privacy Notice.

3. Information automatically collected

The Digital Services automatically log certain information about visits to the Digital Services, such as the number and frequency of visitors, technical information about browsers and devices used to access the Digital Services, and information about crashes or other technical issues. We and our service providers may collect data from your browser or device for analytics and measurement purposes. In addition, depending on your jurisdiction, we and third parties may automatically collect certain information through automated means about your activities over time across the Digital Services as well as across third-party sites, apps or other media. The tools that collect this information vary depending on the Digital Services and include technologies such as cookies, web beacons, tags, scripts, pixels, and software development kits (“SDKs”). These technologies may be included in our web pages, mobile apps, emails, and other digital content. The tools may assign or collect unique cookie IDs or other identifiers associated with your browser or device. The tools may collect information while you are using our Digital Services or while they are running in the background of your device.

The information automatically collected may include:

• Information about your computer, device, browser and operating system (e.g., type, model, or version).
• Internet protocol (IP) address, which may be used to derive your general geographic area (e.g., city and country).
• Device identifiers (e.g., mobile advertising IDs) or unique identifiers (e.g., based on hashed contact information).
• Information about your interactions with the Digital Services, including browsing and search activities and clickstream data that reflect the content (including advertising) and website features you have accessed, clicked on, viewed, or otherwise interacted with.
• Information about how you accessed the Digital Services, including details about websites or apps visited immediately before or after accessing a Digital Service.
• Demographic, interests and household information.
• Information about your interactions with email messages and other communications, such as whether you opened or forwarded the email or clicked on links contained in the email.

Cookies and similar technologies on the Digital Services may be served directly by DealerAuction (referred to as “first-party cookies”) or by others such as data analytics companies (referred to as “third-party cookies”). Cookies and similar technologies are browser- and device-specific and may endure for different periods of time. Some are deleted automatically once you close your browser or exist the Digital Service. These are sometimes referred to as “session cookies.” Other cookies are “persistent cookies,” meaning that they remain on your device after your browser is closed.

You have the right to choose whether or not to accept certain cookies and similar technologies. However, if you choose to refuse or remove cookies and similar technologies, this could affect the availability of and functionality of the Digital Services, as applicable.

For more information about the use of automated means in the context of targeted advertising and how you can limit tracking for advertising and marketing purposes, see section C. 3 For advertising and marketing purposes, including targeted advertising.

4. Information we obtain from other sources

We receive information about you from other sources and it may be combined with other information about you. For example, we may obtain data from:

• Operators of third-party sites or apps, content distribution channels and platforms (e.g., Roku, Amazon Fire TV), voice-activated assistants (e.g., Amazon Alexa, Google Home) or other devices and technologies when you interact with our content, products, services or ads available on those channels and platforms. The information we receive may include information about the content you view or access as well as your demographic information and information about your interests.
• Third-party data suppliers such as data aggregators, data resellers, public databases and business partners where permitted by applicable law. They may provide us with demographic information, information about your transactions, and other information that helps us learn about you and other users of the Digital Services.
• Social Media Platforms and similar services (“Social Media Platforms”). When you engage with our content or ads on Social Media Platforms, or interact with features on the Digital Services that contain content or features provided by Social Media Platforms (e.g., login or sign in features or tools that allow you to share our content with others on Social Media Platforms), we may obtain information from Social Media Platforms, including your username, user ID, demographic information and other information, subject to the settings and privacy practices of the relevant Social Media Platform. We may obtain this information directly from the Social Media Platform or through plug-ins, integrations or applications. Please keep in mind that operators of the Social Media Platforms may also gather information about your use of the Digital Services and their features and tools.
• From time to time, we may use information about you as you make available on your own website or information that you provide online. Any such website or information shall be deemed part of your Invited Submissions. we may obtain and you hereby consent to our use of any and all information accessible on your website as it pertains to any and all agreements between you and us for any purpose, including without limitation and by way of example only, we may use such information to verify information provided to us and correct errors in listings on the Digital Services, and, for dealers, in verifying your status as a dealer on the Digital Services.

C. HOW WE USE INFORMATION WE OBTAIN

If you make a transaction using a Digital Service, we use your payment card information (e.g., your card number and expiration date) for limited purposes such as to process your transaction (including recurring payments, if applicable), to provide you with the requested products or services and for the purposes described under the section “To protect our rights or the rights of others” below.

Please note that if you successfully win a bid or complete a transaction with another user or third party that may be integrated with the Digital Services, we will provide the other user or third party, as appropriate, with your personal information to facilitate the transaction you requested (including, your name and contact information). Other users (including sellers) and third parties are independent from us and are responsible for the handling and use of your personal information, including personal information that we may provide to them. Sellers and third parties are responsible for compliance with applicable laws, including privacy laws, and rights that you may have with respect to your personal information that such users, sellers and third parties maintain. You should direct any questions or concerns with respect to your information directly to such users, sellers and third parties.

With respect to information other than your payment card information, we use that information:

1. To provide you with the Digital Services. This includes:

• Processing your requests regarding the Digital Services and our products or services, including listing or placing a bid or offer on a listed vehicle or any other products or services, or your participation in a survey, sweepstakes, contest, promotion, event or similar initiative. This also includes the publication and promotion of your listings and related content on other sites, apps or digital properties operated within our family of companies and/or cooperating with third party operators of sites, apps and other digital properties for such publication and promotion.
• Providing customer assistance or technical support and solving problems or disputes relating to auctions or fee claims.
• Customizing content, providing recommendations and enhancing the quality and your overall experience with the Digital Services, including by retaining your user preferences or presenting content in the most effective manner for the browser or device you use to access the Digital Services.
• Maintaining, operating, improving and developing the Digital Services and related content, products or services, including developing new products and features based on users’ interactions with the Digital Services.
• Learning about users of the Digital Services and analyzing how you and others interact with and respond to the Digital Services, including by measuring and optimizing usage, reliability and performance, conducting market research, analyzing trends, and supporting our operations (e.g., for accounting, auditing, financial, legal or other purposes).

2. To communicate with you. This includes:

• Sending you informational messages about the Digital Services (e.g., to confirm your listing or bid, and notify you of changes to a Digital Service).
• Delivering marketing or promotional communications, including offers or promotions about our or third parties’ products, services or other initiatives.
• Responding to your questions or addressing your requests.
• Communicating with you about surveys, sweepstakes, contests, promotions or events.

3. For advertising and marketing purposes, including targeted advertising. This includes:

• Developing, managing and conducting advertising and marketing campaigns, promotions and offers, including about our content, listings and our products and services or third parties’ products, services and other initiatives.
• Targeted advertising (also known as online behavioral advertising) is advertising based on your interests in topics and content based on your activities over time on the Digital Services and online services operated by third parties, as well as information from other sources, including information collected offline. Targeted ads may consist of text ads, images, animations or videos and may be displayed to you based on various factors, including the context of the site or app in which they appear (e.g., sports or travel section), information you provided to the operator of the site or app (e.g., when you created an account), your activities on the site or app (e.g., pages viewed, searches performed or ads clicked), and information such as your demographic, interests and household information. Depending on your jurisdiction, we may engage in the following activities:
• On the Digital Services and on third-party sites, apps or other media, we, our service providers and third parties may use automated means to (a) collect information for targeted advertising purposes or (b) serve you targeted ads. These automated means vary depending on the Digital Services and include technologies such as cookies, web beacons, tags, scripts, pixels, and SDKs. These technologies may use unique identifiers associated with your browser or device to support targeted advertising.
• We may use and/or combine online and offline information we obtain about you, including your personal information, for targeted advertising purposes. We may hash information, including your personal information (such as an email address), and may disclose it, including for targeted advertising purposes or other advertising and marketing initiatives. We may aggregate the information we obtain to create audiences that are most likely to respond to ads based on demographic, interests or household information. Targeted ads may be displayed to you by third parties, such as ad networks or exchanges.
• There are steps you can take to limit the collection of your information for targeted advertising purposes. These steps vary for the web and mobile app environments and are browser and device specific. To learn more about targeted advertising and opt-out choices, see https://youradchoices.com/control/ and in the section DAA Industry Opt-Out.
• In serving targeted ads, we adhere to the Self-Regulatory Principles for Online Behavioral Advertising developed by the Digital Advertising Alliance.
• Cross-device linking. If you access the Digital Services from multiple browsers or devices, we, our service providers and third parties may try to establish connections among and link the different browsers and devices you use to access the Digital Services and our content or ads published elsewhere. This helps us provide you with a seamless experience across the browsers and devices you use and serve you with more relevant content and ads (e.g., so that we don’t show you the same article twice). See section E. Website (Browser) Opt-Outs for steps you can take to limit browser and mobile app tracking for targeted advertising purposes.
• Analyzing and measuring the performance, effectiveness and reach of our advertising (including targeted ads) and marketing efforts on the Digital Services and elsewhere.

4. To protect our rights or the rights of others. This includes:

• Detecting, preventing and responding to fraud or potentially illegal activities, misuse of the Digital Services, intellectual property infringement or other violations of law, this Privacy Notice, our Terms of Use or other applicable policies.
• Performing audits, assessments and testing or troubleshooting activities.
• Backing up our systems (including for disaster recovery purposes) and enhancing the overall security of the Digital Services.
• Complying with and enforcing applicable industry, legal, or regulatory requirements (including tax reporting or legal process such as court orders, warrants or subpoenas) and fulfilling contractual obligations.

D. HOW WE PROVIDE INFORMATION TO OTHERS

We may provide the information we obtain to:

1. Sellers, Other Users and Third Parties. If you transact with another user or third party in connection with an auction or other feature made available on or in connection with the Digital Service (such as commenting), we provide your personal information to the seller, other user(s) or third party to facilitate the transaction you requested. If there are subsequent issues with the transaction such as a dispute, we may also provide your information to help resolve the issue.

2. Affiliates and Subsidiaries. We work closely with affiliates and subsidiaries within Dealer Auction,LLC to whom we provide your information as necessary or appropriate.

3. Service Providers. In connection with the operation and provision of the Digital Services, we engage various vendors and affiliates to provide services or handle transactions on our behalf, such as payment card processing, email distribution, list processing, postal mailing, cloud computing, analytics, digital content performance measurement, ad serving and managing sweepstakes, contests, promotions or events. These service providers use the information we provide to them as necessary or appropriate for the performance of their services.’

4. Advertisers, Advertising- and Marketing-Related Service Providers and Partners. Depending on your jurisdiction, we may provide your information to advertisers, advertising agencies, ad networks, ad exchanges, marketing businesses, technology vendors and other entities that create, deliver and assess advertising or marketing campaigns, including targeted ads.

5. Content Measurement Companies. We and third parties seek to measure the performance of content across the internet, including on the Digital Services. We may include third-party measurement software in the Digital Services to enable market research or to measure digital and video content consumption.

6. Social Media Platforms. If you interact with social media widgets, share content using social media share buttons, or access features of the Digital Services that contain content or features provided by Social Media Platforms, the relevant Social Media Platforms may collect information. We encourage you to review the privacy policies of the Social Media Platforms that you engage with as we are not responsible for their privacy practices.

7. Business Partners. We may provide your information to business partners including, without limitation, joint marketing partners and content sponsors, for various purposes. For example, we may partner with a third party to offer products on a co-branded, co-sponsored or cross-promotional basis that involves providing your information to others. We may provide your contact information and/or email to business partners for their own advertising, marketing, or commercial purposes, with your consent where required by law. These initiatives may be offered on the Digital Services or on other media.

8. Other Parties When Required or Permitted by Law or As Necessary to Protect Our Rights. We may provide your information as we believe is necessary or appropriate to protect, enforce, or defend our legal rights, the privacy or safety of our employees, users of the Digital Services or other individuals and entities, or to comply with or enforce applicable industry standards, law or regulatory requirements, including tax reporting, or legal process, including responding to court orders, warrants, subpoenas and other requests from public and government authorities.

9. Corporate Transactions. We reserve the right to transfer any of the information we have about you to proceed with the consideration, negotiation, or completion of a sale or transfer of all or a portion of our business or assets to a third party, such as in the event of a merger, acquisition or other disposition, or in connection with a bankruptcy reorganization, dissolution, or liquidation.

10. With Your Consent or Otherwise at Your Direction. In addition, we may provide your information to others with your consent or at your request.

E. YOUR PRIVACY RIGHTS, INCLUDING MARKETING AND TARGETED ADS OPT-OUTS

Your U.S. State Privacy Rights

Residents of states with applicable privacy laws are afforded certain rights with respect to their personal information. Depending on where you live, and subject to certain exceptions, you may be entitled to the rights described below. Please note that if you submit a request to exercise any of the below rights (a “Privacy Rights Request”), we may request additional information to enable us to process your request. We will use the information you provide to make Privacy Rights Requests to verify your identity, locate your personal information that we may hold about you, and to fulfill your request. When you submit a Privacy Rights Request, you will be required to verify access to the email address you submitted, and you will receive an email with a verification link to complete your email verification process. You are required to verify your email for us to proceed with your Privacy Rights Request. If you do not see the verification in your email inbox, please check your spam or junk folder. If you have any questions regarding your privacy rights, please contact us at support@dealerauction.com.

• Right to Access Your Personal Information. Under applicable privacy laws, you have the right to know the types and the specific pieces of the personal information we hold about you. To exercise this right, please email us at support@dealerauction.com and include your name, email address, and your postal address.
• Right to Delete Your Personal Information. In some circumstances, you may ask us to delete your personal information. Please note that this is not an absolute right under applicable privacy laws, and we may not be able to delete all or some of your personal information. To request that we delete your personal information, please email us at support@dealerauction.com and include your name, email address, and your postal address.
• Right to Correct Your Personal Information. You may request that we modify or update your personal information if it is inaccurate. Please be aware that not all personal information is able to be corrected, and we reserve the right to deny a request to correct your information where exceptions apply. To request that we modify or update your personal information, please log on to your DealerAuction account and select “Edit My Account Info.” Please note that if you would like to correct the email you use to receive newsletters from us, you must unsubscribe from the newsletters and re-subscribe using your preferred email address.
• Right to Opt Out. Applicable privacy laws may provide you with the right to limit or opt out of the use of your personal information for certain purposes, including the below:

Right to Opt Out of Sale/Targeted Advertising: We may provide your personal information to third parties for “targeted advertising” purposes or in ways that constitute “sales” under applicable laws. You may request that we not “sell” or provide your data to others for “targeted advertising” purposes on a go-forward basis. To do so, please email us at support@dealerauction.com and include your name, email address, and your postal address. Please note that if you choose to exercise your opt-out rights, you may still see certain ads on our sites and mobile apps. If you re-engage with us after opting out of “selling” or providing your personal information for “targeted advertising,” such as by signing up for a newsletter and/or entering a sweepstakes or contest, you acknowledge that your personal information may be used and provided in accordance with this Privacy Notice, including in ways that may constitute “selling” or providing personal information for “targeted advertising” under applicable laws. 

Right to Limit Processing of Sensitive Personal Information: Certain pieces of personal information that we have about you may be considered “sensitive” under applicable laws, such as debit or credit card number in combination with any required security or access code, or account username and password. We limit the use of this information to what is reasonably necessary to provide the Digital Services to you and for purposes permitted by applicable law (e.g., to ensure security and integrity). If you refuse to provide such information, it may affect the delivery of the Digital Services or make us unable to provide services to you. Note that certain jurisdictions may provide individuals with the right to opt-in, opt-out, or limit the use and disclosure of “sensitive” personal information; however, personal information that we process to provide you with the requested Digital Services are not subject to this limitation/consent revocation right.

• Right to be free from discrimination. You may exercise any of the above rights without fear of being discriminated against.

For additional information regarding our California-specific data practices, please see section N. Notice at Collection/Additional Information for California Residents.

Authorized Agents

You may designate an authorized agent to make a request in relation to the privacy rights listed above. In the request, you or your authorized agent must provide us with sufficient information for us to verify both the identity of your agent and that your agent has been authorized to act on your behalf. This may result in your Privacy Rights Request taking additional time to process. If you are an authorized agent working on behalf of a consumer, you will need to follow the above processes and submit the relevant forms with the consumer’s information for us to process a Privacy Rights Request. Please note that the consumer you are working on behalf of will need to verify access to the email account used to submit the Privacy Rights Request in order for us to move forward with processing that request.

Privacy Rights Appeal Process

Certain U.S. state privacy laws afford eligible residents the right to appeal a denial of a Privacy Rights Request in whole or in part. For additional information regarding how to submit a Privacy Rights Request appeal, please email support@dealerauction.com.

Direct Marketing Opt-Outs

• Email marketing. You may opt out of receiving marketing or promotional emails from us by clicking on the “unsubscribe” link contained in such emails. Depending on the Digital Service you use, you also may be able to opt out of marketing or promotional emails by logging into your account and managing your email preferences. Please keep in mind that if you opt out of receiving marketing or promotional emails, we may still send you transactional emails or other communications relating to your use of the Digital Services (e.g., to confirm your bids, to inform you of changes to a Digital Service or in response to your password recovery request).
• Text message marketing. If you choose to participate in a text message marketing campaign or promotion offered in connection with a Digital Service, you may opt out of receiving marketing texts from us by following the instructions contained in those messages (e.g., texting the word STOP) or provided to you when you elected to receive text message marketing.
• Direct mail. You may request that we stop sending you postal mail offers through the US post office by notifying us in writing at Office of General Counsel, Attn: Privacy, 8604 Turtle Creek Blvd, PO Box 12714, Dallas, TX 75225. Please indicate in your correspondence the name of the Digital Service or publication to which your request applies.
• Marketing by Third Parties. We may provide your contact information and types of vehicles purchased to third parties for their own marketing purposes (with your consent, where required by law). To request that third parties do not use your postal mailing contact information for their own marketing purposes (if we have your postal address), you may notify us in writing at 8604 Turtle Creek Blvd, PO Box 12714, Dallas, TX 75225, Attn: Support. Please indicate in your correspondence the name of the Digital Service or publication to which your request applies. In addition, you may be able to request that third parties do not use your email address (if we have it) for their own marketing purposes by logging into your account or the preferences center (if available) for the relevant Digital Service and adjusting your email preferences.
• Co-Branded, Co-Sponsored or Cross-Promotional Offerings. If you choose to participate in a co-branded, co-sponsored or cross-promotional offering, the brand, sponsor or other third party involved in that offering may use your information for its own purposes, including advertising and marketing purposes. You must contact the relevant third party directly to exercise your opt out choices with respect to such party’s use of your information.

Additional Opt-Out Methods

In addition to the rights afforded throughout this Privacy Notice and through our form, there are industry frameworks and settings made available to you by device manufacturers that enable you to adjust your preferences with respect to the data collected about you and the ads that you may see. The section below provides more information about these settings.

DAA Industry Opt-Out

Depending on your jurisdiction, some of the ads you see on the Digital Services are targeted ads (this is also known as online behavioral advertising) described in section C. 3 For advertising and marketing purposes, including targeted advertising. We describe below steps you can take to limit tracking of your activities and the delivery of targeted ads in browsers and mobile apps you use to access the Digital Services. Please keep in mind that if you opt out of targeted ads, you will still see ads, but these ads will not be based on your inferred interests. In addition, if you take the steps described below, some automated means may still be used to collect information about your interactions with the Digital Services for the other purposes described in this Privacy Notice (e.g., to remember user preferences or enable specific functionality).

The technologies used to deliver ads on websites and mobile apps differ. Please also remember that opt-outs are browser and device-specific.

Website (Browser) Opt-Out

1. Disabling Cookies. Most browsers accept cookies by default. You may be able to change the settings to have your browser refuse certain cookies or notify you before accepting cookies.

• If you choose to disable the use of cookies in your web browser, some features of the Digital Services may become difficult to use or unavailable.

2. Opt-out Cookies. You can follow the instructions provided by the Digital Advertising Alliance (“DAA”) at https://youradchoices.com/control and/or the Network Advertising Initiative (“NAI”) here to place an opt-out cookie on your browser. These opt-out cookies enable you to block participating companies from installing future cookies on your computer or browser.

• If you place opt-out cookies but subsequently clear or delete cookies on your computer or device browser, your opt-out cookies may be deleted and you may have to renew your opt-out choices for that specific browser.
• The opt-out mechanisms offered by the DAA and NAI are provided by third parties. DealerAuction does not control or operate these mechanisms or the choices provided through these mechanisms.

3. Analytics Provider Opt-Out. To disable analytics cookies, you can use the browser opt-out cookies controls discussed above or, for some of our providers, you can use their individual opt-out mechanisms:

• Opt Out of Google Analytics: https://tools.google.com/dlpage/gaoptout.

Mobile App Opt-Out

• Device Settings. To limit targeted advertising on your mobile device, you can review and adjust the settings provided by your device manufacturer, such as guidance published for iOS or guidance published for Android.
• AppChoices Application. You can download the “AppChoices” application provided by the DAA from your app store. AppChoices offers a mechanism to limit the collection of app data used for targeted ads by participating companies. See the AppChoices provided by the DAA for more information.

Please keep in mind that as the mobile environment continues to evolve, additional opt-out mechanisms or privacy settings may become available to you. We encourage you to review the information on opt-outs and settings that device manufacturers, technology companies and industry associations make available to you.

Additional Choices

• User account. If you have created an account on a Digital Service, you may be able to review some of your information for that account by logging in and updating your information or user preferences.
• Device Settings. For relevant Digital Services, you may be able to review and adjust your preferences by updating the settings on your device (e.g., permitting us to collect precise location information).
• Push Notifications. If a Digital Service enables push notifications on your device, you may review and update your push notification preferences by adjusting the settings on your device. For example, you can select the relevant app from “Notifications” (for iOS devices) or “App notifications” (for Android devices) and turn off alerts accordingly.

Do Not Track/Global Privacy Control

DealerAuction does not currently take steps to respond to browser “Do Not Track” signals as no uniform standard to respond to such signals has been developed at this time. We do, however, respond to the Global Privacy Control (“GPC”) to the extent required by applicable law, and allow eligible individuals to convey opt-out preferences when we detect the signal. You can learn more about the GPC on the Global Privacy Control website.

F. HOW WE PROTECT YOUR INFORMATION

We use a variety of security technologies and procedures to help protect information from unauthorized access, use or disclosure. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we make reasonable efforts to protect your personal information, we cannot guarantee its absolute security.

G. NON-U.S. VISITORS

We operate the Digital Services from the United States. Any information we obtain about you in connection with your use of the Digital Services may be processed and stored in the United States or other countries by us and our service providers.

H. CHILDREN’S PRIVACY RIGHTS

The Digital Services are not intended for use by children, especially those under the age of 18, and we do not knowingly collect personal information from children under the age of 18.

I. LINKS TO THIRD-PARTY WEBSITES, MOBILE APPS OR OTHER SERVICES

The Digital Services may contain links to websites, mobile apps or other services operated by companies not affiliated with DealerAuction. In addition, the Digital Services may be made available to you through third-party platforms (such as app stores or Social Media Platforms) or other channels. We are not responsible for the privacy practices of any non-DealerAuction operated websites, mobile apps or other services and channels, and we encourage you to review the privacy policies or notices published by relevant third parties.

J. CAREERS/JOB OPPORTUNITIES

This Privacy Notice does not apply to web pages hosting our careers or job opportunities. Any information obtained through such pages is governed by the privacy notice published thereon.

K. DISPUTE RESOLUTION/TERMS OF USE

Any dispute concerning the Digital Services (including our use of your personal information) will be resolved per the dispute resolution provision in the Terms of Use which govern your use of the Digital Services. Please take a few minutes to read the Terms of Use before using the Digital Services.

L. CHANGES TO THIS PRIVACY NOTICE

We may update this Privacy Notice from time to time to reflect changes in our privacy practices or applicable laws. In accordance with applicable law, we may make such changes without prior notice. We will publish the updated version on the relevant Digital Services and indicate at the top of the Privacy Notice when it was most recently updated. Your use of the Digital Services will be governed by the then-current version of the Privacy Notice.

M. CONTACT US

If you have any questions about this Privacy Notice or Privacy Rights Requests, please contact us by email at support@dealerauction.com. Please note that we do not accept Privacy Rights Requests through that mailbox and we ask you to submit your Privacy Rights Requests using the methods listed in Section E, or, for California residents, using the methods listed in Section N. If you are a Canadian resident, see Section P. for more information.

N. NOTICE AT COLLECTION/ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS 

Under California law, specific additional disclosures are required and California residents have additional rights regarding their personal information. If you are a California resident, please review this section to learn more.

Your California Consumer Privacy Act of 2018 (CCPA) Rights

Categories of Personal Information We Collect

The California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”), requires specific disclosures for each category of personal information that we collect and may provide to others. Some of the ways in which we provide personal information to others may constitute “selling” or “sharing” for targeted advertising. The table below summarizes our general data handling practices which are more fully described in Sections B, C and D of this Privacy Notice.

For each of the categories listed above, we will retain your personal information for as long as needed or permitted, depending on the purpose for obtaining that data and consistent with applicable laws. We will keep your personal information for as long as we have a relationship with you (e.g., to provide you with the Digital Services or to complete transactions that you request). Once our relationship with you has come to an end, we will retain your personal information for a period of time that enables us to:

• Maintain business records for analysis, understanding market trends, and/or audit purposes and to improve the Digital Services.
• Comply with record retention requirements under applicable laws or other relevant legal or regulatory requirements.
• Defend, establish, exercise, or bring any existing or potential legal claims.
• Carry out fraud detection and prevention.
• Deal with any complaints regarding the Digital Services, our products, and services.

Residents of California may have the following rights:

1. Right to know and access your personal information. Under CCPA, you have the right to:

• Know the categories of personal information, including sensitive personal information, that we collect and the categories of sources from which we got the information;
• Know the business or commercial purposes for which we collect and provide personal information to others;
• Know the categories of third parties and other entities to whom we provide personal information; and
• Access the specific pieces of personal information we have collected about you.

To do so, please complete the form available at privacy request form and include your name, email address and California postal address. You can also access the form by clicking on the “Your Privacy Choices (Opt-Out of Sale/Targeted Ads)” link in the footer of the website.

2. Right to deletion. In some circumstances, you may ask us to delete your personal information. These exceptions may include pending payments, active bids, or other incomplete transactions connected to your account. To do so, please complete the form available at privacy request form and include your name, email address and California postal address. You can also access the form by clicking on the “Your Privacy Choices (Opt-Out of Sale/Targeted Ads)” link in the footer of the website.

3. Right to Correct Your Personal Information. You may request that we modify or update your personal information if it is inaccurate. Please be aware that not all personal information is able to be corrected, and we reserve the right to deny a request to correct your information where exceptions apply. To request that we modify or update your personal information, please log on to your DealerAuction account and select “Edit My Account Info.” Please note that if you would like to correct the email you use to receive newsletters from us, you must unsubscribe from the newsletters and re-subscribe using your preferred email address.

4. Right to Opt Out. The CCPA provides California residents with the right to limit or opt out of the use of your personal information for certain purposes, including the below:

Please remember that cookie-level opt-outs are browser and device-specific and applied to the website (domain) with respect to which you complete your opt out request. If you use multiple devices such as your smartphone, laptop or tablet to visit the Digital Services, you will need to submit separate requests from these devices.

Right to Opt Out of Sale/Targeted Advertising: We may “share” your personal information with third parties for targeted advertising purposes or in ways that that constitute a “sales” under the CCPA. You may request that we not “sell” or “share” your personal information for these purposes on a going forward basis. To do so, please complete the form available at privacy request form and include your name, email address and California postal address. You can also access the form by clicking on the “Your Privacy Choices (Opt-Out of Sale/Targeted Ads)” link in the footer of the website.

If you choose to use the Digital Services to interact with Sellers and third parties, including if you successfully win a bid or complete a transaction with another user or third party that may be integrated with the Digital Services, we will provide the other user or third party, as appropriate, with your personal information to facilitate the transaction you requested (including, your name and contact information). This type of sharing does not constitute a “sale” of your personal information by DealerAuction as it is done at your direction. If you reengage with us after opting out of the “sale” or “sharing” of your personal information, such as by submitting a bid, signing up for a newsletter and/or entering a sweepstakes or contest you acknowledge that your personal information may be used in accordance with this Privacy Notice, including in ways that may constitute “selling” or “sharing” under CCPA.

Right to Limit Processing of Sensitive Personal Information: Certain pieces of personal information that we have about you may be considered “sensitive” under CCPA, such as debit or credit card number in combination with any required security access code, or account username and password. We limit the use of this information to what is reasonably necessary to provide the Digital Services and for purposes permitted in Section 7027(m) of the CCPA Regulations (e.g., to ensure security and integrity). If you refuse to provide such information, it may affect the delivery of the Digital Services or make us unable to provide services to you. Note that certain jurisdictions may provide individuals with the right to opt-in, opt-out, or limit the use and disclosure of “sensitive” personal information; however, personal information that we process to provide you with the Digital Services are not subject to this limitation right.

5. Right to be free from discrimination. You may exercise any of the above rights without fear of being discriminated against.

We use the information you provide to make your CCPA rights requests to verify your identity, locate the personal information we may hold about you and act upon your request. We strongly recommend that you submit the email and postal address that you used when you created accounts, listed or placed a bid on a listed vehicle or other products and services, or signed up for a newsletter. After you submit a CCPA rights request you will be required to verify access to the email address you submitted. You will receive an email with a verification link to complete your email verification process. Please check your spam or junk folder in case you can’t see the verification email in your inbox. If you are a California resident and have any questions regarding your CCPA rights under this Privacy Notice, please contact us at support@dealerauction.com.

Authorized Agents

For any of the CCPA rights, you may designate an authorized agent to make a request on your behalf. In the request, you or your authorized agent must provide information sufficient for us to verify the identity of your agent and that your agent has been properly authorized to act on your behalf; this may take additional time to fulfill your request. If you are an authorized agent working on behalf of a consumer, you will need to fill out the relevant CCPA request form listed above on behalf of the consumer with the consumer’s information. Please note that the consumer you are working on behalf of must have a California postal address and will need to verify access to the email account used to submit the CCPA request in order for us to move forward with processing the request.

Minors

We do not knowingly collect or provide the personal information of minors under the age of 18 to others, without affirmative authorization.

Your Shine the Light California Rights (CA Civil Code § 1798.83)

You may also have the right to request a list of third parties to which certain personal information (as defined by California Civil Code § 1798.83) obtained through a Digital Service was disclosed to others by DealerAuction during the preceding year for those third parties’ direct marketing purposes. If you are a California resident and want such a list, please contact us at Office of General Counsel, Attn: Privacy, 8604 Turtle Creek Blvd, PO Box 12714, Dallas, TX 75225. For such request, you must put the statement “Your California Privacy Rights/Shine the Light” in the body of your request, as well as your name, street address, city, state, and zip code. In your request, you need to attest to the fact that you are a California resident and provide a current California address for our response. Please also indicate in your request the name of the Digital Service to which your request applies. Please note that we will not accept requests via the telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

O. EUROPEAN AND CANADIAN MARKETS.

ADDITIONAL INFORMATION FOR EUROPEAN CITIZENS

Please note that our website is not intended for use by consumers in Europe or the UK. In order to address our legal obligations in Europe (including the UK), DealerAuction provides the following additional information for Europe-based visitors to DealerAuction’s U.S. Digital Services.

Who is Responsible for Your Information?

If you use or interact with a DealerAuction U.S. Digital Services, then the data controller will be DealerAuction. The contact details for this entity are provided in the “Contact Us” section above.

Legal Bases for Using Your Information

We process personal information for different purposes (as described in the “How We Use Information We Obtain” section, above) on the following legal bases:

• To perform our contractual obligations to you. We and our service providers process your information to perform our contractual obligations to you when we use your information to provide you with the Digital Services and related content, products or services and to communicate with you. For example, when you list or successfully bid on a vehicle or other products and services through the Digital Services, we process your payment and contact information as necessary to collect the fees charged by us and to facilitate your transaction with the seller. We process your contact information and other details to provide you with support services you request. We also send you informational communications on this basis, including to confirm a listing or to notify you of a change to a Digital Service. Failure to provide requested information could prevent or delay the fulfilment of our contractual obligations.
• To pursue our legitimate interests. We process your information to meet our legitimate interests when we use your information to provide you with the Digital Services and related content, products or services, to communicate with you and for our advertising and marketing purposes. For example, our legitimate interests include making improvements to, customizing and understanding how you interact with the Digital Services and related content, products or services, and sending you communications about products and services we think may be of interest to you. To accomplish our legitimate interests, we may share your information with our affiliates and subsidiaries, service providers and business partners (including for our advertising and marketing purposes) and in the context of a corporate transaction. We maintain safeguards to protect the information we process to pursue our legitimate interests.
• To comply with our legal obligations. We process and share your information as necessary to comply with our legal and regulatory obligations when we use your information to protect our rights or the rights of others and when we share your information with other parties where required by law or as necessary to protect our rights. For example, we are required to collect certain information from you when processing your payment for tax or financial reporting reasons.
• With your consent. We obtain your consent to process your information when we are required to do so by law. If consent is the legal basis on which we process your personal information, you can withdraw your consent at any time by contacting us using the information provided in the “Contact Us” section above.

Your Rights Over Your Information

In certain circumstances, you have a right to access or object to the use of personal information held about you (including in relation to direct marketing). You can also ask us to rectify, update, erase, restrict or to share your information in a usable format with another company. Such requests are subject to applicable law.

We encourage you to contact us to update or correct your information if it changes or if the personal information we hold about you is inaccurate.

If you would like to exercise such rights, please email us at support@dealerauction.com and include your name, email address, and your postal address. We will contact you if we need additional information from you in order to honor your requests. If you have any questions regarding your privacy rights, please contact us at support@dealerauction.com.

In addition, you have the right to choose whether or not to accept certain cookies. However, if you choose to refuse or remove cookies, this could affect the availability and functionality of the Digital Services.

Please access the “Cookies Choices” button in the footer of the Digital Service you have interacted with and follow the instructions to express your preferences.

Storing Your Information

We will keep your personal information for as long as we have a relationship with you. Once our relationship with you has come to an end, we will retain your personal information for a period of time that enables us to:

• Maintain business records for analysis, understanding market trends and/or audit purposes and to improve the Digital Services.
• Comply with record retention requirements under applicable laws or other relevant legal or regulatory requirements.
• Defend, establish, exercise or bring any existing or potential legal claims.
• Carry out fraud detection and prevention.
• Deal with any complaints regarding the Digital Services, our products and services.

We will delete your personal information when it is no longer required for these purposes. If there is any information that we are unable, for technical reasons, to delete from our systems, we will put in place appropriate measures to prevent any further processing or use of the data.

International Data Transfers

Information collected through the Digital Services will be processed in and subject to the laws of the United States, which may not provide the same level of protection for your personal information as your home country. If we transfer personal data from the European Economic Area, United Kingdom and Switzerland we put in place safeguards. In particular, such safeguards include European Commission-approved standard contractual clauses. For more information on these safeguards, please contact us at the details provided in the “Contact Us” section above.

Changes to the Privacy Notice

Where changes to this Privacy Notice have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we will give you advanced notice so that you have the opportunity to exercise your rights (e.g., to object to the processing).

Privacy Officer and Complaints

Our Privacy Officer can be contacted at support@dealerauction.com.

We are committed to working with you to obtain a fair resolution in the event you have a complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you have the right to make a complaint to a data protection authority.

ADDITIONAL INFORMATION FOR CANADIAN RESIDENTS

Please note that our website is not intended for use by consumers in Canada, including without limitation the province of Quebec. In Canada, Dealer Auction LLC is responsible for your personal information. If you have any questions or complaints regarding this Privacy Notice or our privacy practices, please contact our Privacy Officer at support@dealerauction.com.

Your Rights and Choices

Subject to limited exceptions under applicable law, you have the right to access, update and correct inaccuracies in your personal information in our custody or control. You also have the right to withdraw your consent to our collection, use and disclosure of personal information, subject to legal and contractual restrictions.

If you would like to exercise these rights, please contact us at support@dealerauction.com. We may request certain personal information for the purpose of verifying your identity.

For more information on your choices, see the section E. Your Privacy Rights, Including Marketing and Targeted Ads Opt-Outs above.

Retention

We have record retention processes designed to retain personal information for no longer than necessary for the purposes set out in this Privacy Notice or as otherwise required to meet valid legal or business requirements in accordance with applicable law.

Transfers of Personal Information

We and our service providers (including affiliates and subsidiaries) may access, store and otherwise process personal information outside of Canada, including in the United States and other foreign jurisdictions. We and our service providers may disclose your personal information if required or permitted by applicable law or legal process, which may include lawful access by foreign courts, law enforcement or other government authorities in the jurisdictions in which we or our service providers operate. For information about our practices with respect to the use of service providers outside of Canada, please contact our Privacy Officer at support@dealerauction.com.