Privacy Policy

Last Updated: June 7, 2022


BigIron Auction Company (“BigIron”, “We” or “Us”) respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website https://www.bigiron.com (our “Website”), or use our BigIron Auctions mobile application (the “App”) (the Website and the App will be collectively referred to as the “Services” throughout) and our practices for collecting, using, maintaining, protecting, and disclosing that information.


This policy applies to information we collect:

  • On this Website and in the App.
  • In email, text, and other electronic messages between you when using the Services.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
  • Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website or the App.

This policy will notify you of the following:

  • What personally identifiable information is collected from you through the Services, how it is used and with whom it may be shared.
  • What choices are available to you regarding the use of your data.
  • The security procedures in place to protect the misuse of your information.
  • How you can correct any inaccuracies in the information.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services. By accessing or using our Services, you agree to this privacy policy. This policy may change from time to time (see Updates to Our Privacy Policy). Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.


Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Services, including information:

  • By which you may be personally identified, such as name, postal address, e-mail address, telephone number (“Personal Information”);
  • That is about you but individually does not identify you; and/or
  • About your internet connection, the equipment you use to access our Services, and usage details
We collect this information:
  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.
We are the sole owners of the information collected on this site. We will not sell or rent this information to anyone.


Information You Provide to Us

The information we collect on or through our Services may include:

  • Information that you provide by filling in forms on our Services such as name, address, and phone number. This includes information provided at the time of registering to use our Services, requesting a bidder number, requesting a listing for your item, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Services.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Your suggestions that you submit through our “Make a Suggestion” form.
  • Details of transactions you carry out through our Services and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Services.
  • Your search queries on the Services.
You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Services or transmitted to other users of the Services or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.


Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Services.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically is only statistical data and does not include Personal Information, but we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Services and to deliver a better and more personalized service, including by enabling us to:
  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Services according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Services.
The technologies we use for this automatic data collection may include:
  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Services.
We do not collect Personal Information automatically, but we may tie this information to Personal Information about you that we collect from other sources, or you provide to us.


Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Services are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.


How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Information:

  • To present our Services to you.
  • To provide you with information and updates related to auctions in which you are a bidder or seller, or related to products that you have searched, added to your watch list, or otherwise expressed an interest in.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account/subscription, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Services or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our Services.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.
You must verify your phone number and agree to receive SMS messages related to your bid in order to submit a bid in any online auction. For more information, please read our SMS Terms and Conditions.https://www.bigiron.com /SMS-Terms-and-Conditions


Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose Personal Information that we collect, or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business as follows
  • We use Stripe to process your payments. Read their privacy policy at https://stripe.com/privacy.
  • We use Constant Contact to send emails to you. Read their privacy policy at https://knowledgebase.constantcontact.com/articles/KnowledgeBase/5536-constant-contact-privacy-policies-for-protecting-customers?lang=en_US.
  • We use HubSpot for marketing, sales, and customer service purposes. Read their privacy policy at https://legal.hubspot.com/privacy-policy.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of BigIron Auction Company's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by BigIron Auction Company about users of our Services is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.
We may also disclose your Personal Information:
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our terms of or Terms and Conditions of Sale https://www.bigiron.com/TermsAndConditions?readOnly=Trueand other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of BigIron Auction Company, our customers, or others.


Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt-out by adjusting your contact settings by going to the “Your Account” page and selecting “E-mails & Text Messages,” or by sending us an email stating your request to [email protected] . If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

You may choose to opt in to receive text and/or email messages us from us related to auctions in which you are a bidder or seller, or auctions in which we think you may be interested. Please visit the “Your Account” page and select “E-mails & Text Messages” to opt in or out of these notifications.


Accessing and Correcting Your Information

You can review and change your Personal Information by logging into the Services and visiting your account profile page.

You may also send us an email at [email protected] to request access to, correct or delete any Personal Information that you have provided to us. We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Services, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Services users. Proper access and use of information provided on the Services, including User Contributions, is governed by our terms of use https://www.bigiron.com/TermsAndConditions?readOnly =True.


Surveys & Contests

From time to time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.


Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information, that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.


Links

This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.


Children Under the Age of 18

Our Services are not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Services. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Services or through any of its features, register on the Services, make any purchases through the Services, use any of the interactive or public comment features of this Services, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at [email protected].


Updates to our Privacy Policy

Our Privacy Policy may change from time to time and all updates will be posted on this page. If we make material changes to how we treat our users' Personal Information, we will notify you. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Services and this privacy policy to check for any changes. If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 1-800-937-3558 or via email at [email protected]


PRIVACY NOTICE FOR CALIFORNIA RESIDENTS


Effective Date: December 13, 2021

Last Updated on: December 13, 2021


This Privacy Notice for California Residents supplements the information contained in BigIron’s Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice.


Information We Collect


We collect Personal Information. Personal Information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA's scope, like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), clinical trial data, or other qualifying research data;
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

  • Identifiers (name, alias, postal address, unique personal identifier, online identifier, IP address, email address, or company name)
  • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) (name or telephone number)
  • Commercial information (records of products purchased)
  • Internet or similar network activity (website search history or information on a consumer’s interaction with a website)
  • Geolocation data (zip code, country, or province entry)
  • Inferences drawn from other personal information (website behavior)
We obtain the categories of personal information listed above from the following categories of sources:
  • Directly from you. For example, from forms you complete or products and services you purchase.
  • Indirectly from you. For example, from observing your actions on our Services.

Use of Personal Information

We may use, or disclose the personal information we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
  • To provide, support, personalize, and develop our Services, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To help maintain the safety, security, and integrity of our Services, products and services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our Services, products, and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our consumers is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information


We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, BigIron has disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.

We do not sell personal information. In the preceding twelve (12) months, BigIron has not sold the following categories of personal information to the categories of third parties indicated in the chart below. For more on your personal information sale rights, see Personal Information Sales Opt-Out and Opt-In Rights.


Personal Information Category Category of Third-Party Recipients
Business Purpose Disclosures Sales
A: Identifiers. Service providers None
B: California Customer Records personal information categories. None None
C: Protected classification characteristics under California or federal law. None None
D: Commercial information. None None
E: Biometric information. None None
F: Internet or other similar network activity. None None
G: Geolocation data. None None
H: Sensory data. None None
I: Professional or employment-related information. None None
J: Non-public education information. None None
K: Inferences drawn from other personal information. None None


Your Rights and Choices


The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.


Right to Know and Data Portability


You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the "right to know"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
  • The specific pieces of personal information we collected about you (also called a data portability request)


Right to Delete


You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.


Exercising Your Rights to Know or Delete


To exercise your rights to know or delete described above, please submit a request by either:

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.

You may also make a request to know or delete on behalf of your child.

You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. You do not need to create an account with us to submit a request to know or delete. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in the request to verify the requestor's identity or authority to make it.

Response Timing and Format


We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact [email protected].

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

You do not need to create an account with us to exercise your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the request.



Non-Discrimination


We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.


Other California Privacy Rights


California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Services who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or write us at: P.O. Box 266, 213 Beaver St., St. Edward NE, 68660.


Changes to Our Privacy Notice


We reserve the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will post the updated notice on the Services and update the notice's effective date. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes.


GDPR NOTICE


In compliance with the European Union (“EU”) General Data Protection Regulation (“GDPR”), we may rely upon one or more legal bases defined in the GDPR to collect, use, share and otherwise process the Personal Information of individuals located in the EU, including where:

  • Necessary to perform a contract we have with you, such as our terms of engagement, and to provide the services;
  • You have consented to the processing (in which case you may revoke your consent at any time);
  • Necessary for us to comply with a legal obligation, or to establish, exercise or defend legal claims;
  • Necessary to protect your vital interests or those of others;
  • Necessary in the public interest; and
  • Necessary for the purposes of BigIron or a third party’s legitimate interests, provided that those interests are not overridden by your interests or fundamental rights and freedoms.
Where we collect, use, disclose and otherwise process your information based on legitimate interests, we may rely on the following interests:
  • Marketing our products: We use your information as necessary to pursue our legitimate interests in marketing our products to you. For example, where permitted by digital marketing law, we may contact you by email to let you know of products you might be interested in.
  • Providing, improving and developing our products: We use your information as necessary to pursue our legitimate interests in tailoring and improving our products. For example, we may send you a survey or questionnaire to understand your experience in purchasing from us.
If you are located in the EU, under certain circumstances, you may have certain legal rights under the GDPR, including:
  • To access the personal data we maintain about you
  • To receive information about how we process your personal data
  • To correct your personal data
  • To have your personal data erased
  • To object to or restrict how we process your personal data
  • To request your personal data be transferred to a third party
  • To withdraw any consent you may have given us to process your personal data
If you are an EU resident, you have the right to object to our processing that is based on legitimate interests by contacting us at the address or number below. If you are located in the EU and you believe that we have infringed your rights under the GDPR, please contact us by sending an email to [email protected] .


Contact Information


If you have any questions or comments about this Notice, the ways in which BigIron collects and uses your information described here and in the Privacy Policy , your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 1-800-937-3558

Email: [email protected]


Postal Address:

BigIron Auction Company

Attn: Bill Coleman, Privacy Officer

P.O. Box 266, 213 Beaver St.

St. Edward NE, 68660