Privacy Policy

We appreciate your interest in our Privacy Policy. At Apex Auctions, we take the protection of your data very seriously, and in the below we explain what data we collect when you use our website and services and how it is used.

 

General Information

What law applies?

Our use of your Personal Information is subject to the Colorado Privacy Act (CPA), and of course we process your Personal Information accordingly.

 

What is Personal Information?

Personal Information is any information relating to personal or material circumstances that relates to an individual. This may include a name, date of birth, e-mail address, postal address, or telephone number but also online identifiers such as IP addresses or device ID`s.

 

What is processing?

"Processing" means any operation or set of operations which is performed upon Personal Information, whether or not by automatic means. The term is broad and covers virtually any handling of data.

 

Who is responsible for data processing?

The responsible party within the meaning of the CPA is Apex Auctions, Inc. of 1610 HWY 50, Grand Junction, Colorado 81503. If you have any questions or if you wish to exercise your rights, please contact us using info@apexxauctions.com, or call 9707124914.

 

What are the reasons for processing your Personal Information?

We will process your Personal Information:

 

●       you have given your consent;

●       the data is necessary for the fulfillment of a contract / pre-contractual measures;

●       the data is necessary for the fulfillment of a legal obligation; or

●       the data is necessary to protect the legitimate interests of our company and business.

 

Is there an obligation for me to provide data?

Within the scope of our business relationship, you are only required to provide Personal Information that is necessary for the establishment, implementation, and termination of a business relationship or that we are legally obliged to collect. Without this data, we will usually have to refuse to conclude the contract or will no longer be able to perform an existing contract and may have to terminate it.

 

How long do we retain your Personal Information?

We process and store your Personal Information only for the period of time required to achieve the respective processing purpose or for as long as a legal retention period exists (in particular commercial and tax law in accordance with Colorado`s Commercial Law and Fiscal Code and others for up to 6 years. Once the purpose has been achieved or the retention period has expired, the corresponding data is routinely deleted.

 

Data we collect automatically

Log data

Each time you visit our website, our system automatically records the following data from the visiting device and stores it in a so-called log file: i) Name of the retrieved file, ii) date and time of the visit, iii) amount of data transferred, iv) message about successful retrieval, type of browser and version used, v) IP address (identification of the user's device), vi) Operating system of the visiting device, vii) Internet service provider of the visiting device, viii) website from which you access our website, and ix) which of our website pages you are accessing.

 

Hosting

We use the hosting services of Auctioneer Software for the purpose of hosting and displaying our website. Auctioneer Software does so on the basis of processing on our behalf, and that also means that all data collected on our website and shop is processed on Auctioneer Software's servers.

 

Cookies

We use so-called cookies on our website. Cookies are pieces of information that are transmitted from our web server or third-party web servers to your web browser and stored there for later retrieval. Cookies may be small files or other types of information storage. There are different types of cookies: i) Essential Cookies. Essential cookies are cookies to provide a correct and user-friendly website; and ii) Non-essential Cookies. Non-essential Cookies are any cookies that do not fall within the definition of essential cookies, such as cookies used to analyze your behavior on a website (“analytical” cookies) or cookies used to display advertisements to you (“advertising” cookies).

 

Economic analyses and market research

For business reasons, we analyze the data we have on business transactions, contracts, enquiries, browsing behavior etc. The analyses serve us alone and are not disclosed externally and processed using anonymous analyses with summarized and or anonymized values. For this purpose we use both Google Analytics.

 

We use Google Analytics, a web analytics service provided by Google. Google Analytics also uses cookies to enable our website to analyze how users use our website across multiple devices. The information generated by the cookies about your use of our website is transmitted to and stored by Google, including transmission to Google. The following data is processed through the use of Google Analytics:

 

●       3 bytes of the IP address of the called system of the website visitor (anonymised IP address),

●       the website called up,

●       the website from which the user reached the accessed page of my website (referrer),

●       the subpages accessed from the website,

●       the time spent on the website

●       the frequency with which the website is accessed.

 

Google states that it will not associate your IP address with any other data held by Google. You can disable tracking by Google Analytics with future effect by downloading and installing the Google Analytics Opt-out Browser Add-on for your current web browser following this link http://tools.google.com/dlpage/gaoptout?hl=en.

 

Data we collect directly

Contacting us

In addition to your name, company name, and e-mail address, IP address or telephone number, if provided, we usually collect the context of your message which may also include certain Personal Information. The Personal Information collected when contacting us is used to handle your request.

 

User account

If you want to take part in our auctions, we require you to register for an account. For this purpose, you are required to provide your Full Name, Company Details (if any), Date of Birth, Phone number, and email address and postal address. Further can choose a username and password, both of which will enable you to log in more easily without having to enter your data again when you make a future purchase or to access your bidding and auctions history. We will hold your data for further orders as long as you have your account with us.

 

In addition, to verify your identity when setting up a user account, a credit card is required and a temporary authorization will be placed on your card to verify it. You will not be charged.

 

We are PCI certified and adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard and American Express. The standards are known as the Payment Card Industry Data Security Standards (PCI DSS), and apply to organizations around the world. Complying with PCI-DSS requirements helps us to ensure the secure handling of your credit card information.

 

Payment Data

Your payment will be processed via our payment service provider Stripe. Payment data will solely be processed through Stripe, and we have no access to any Payment Data you may submit.

 

When using our auction services

We process the Personal Information involved in your use of our services in order to be able to provide our auction services. This includes in particular our support, correspondence with you, invoicing, fulfillment of our contractual, accounting and tax obligations. Accordingly, the data is processed on the basis of fulfilling our contractual obligations and our legal obligations.

 

Administration, financial accounting, office organization, contact management

We process data in the context of administrative tasks as well as organization of our business, and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services.

 

General Principles

Who receives your data?

Within Apex Auctions, those that need your data to fulfill our contractual and legal obligations will receive access to it.

 

Processors used by us may also receive data for these purposes. These are companies in the categories of IT services, telecommunications, and sales and marketing. Where we use processors to provide our services, we take appropriate legal precautions and corresponding technical and organizational measures to ensure the protection of Personal Information in accordance with the relevant legal provisions.

 

Data is only passed on to third parties within the framework of legal requirements. We only pass on users' data to third parties if this is necessary, for example, for contractual purposes or on the basis of legitimate interests in the economic and effective operation of our business or you have consented to the transfer of data.

 

How do we secure your data?

Our website uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of content or contact requests that you send to us. We have also implemented numerous security measures (“technical and organizational measures”) for example encryption or need to know access, to ensure the most complete protection of Personal Information processed through this website.

 

Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. And databases or data sets that include Personal Information may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Information may have been compromised as expeditiously as possible after which the breach was discovered.

 

Marketing

Insofar as you have also given us your consent to process your Personal Information for marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to.

 

You may give us your consent in a number of ways including by selecting a box on a form where we seek your permission, or sometimes your consent is implied from your interactions or contractual relationship. Where your consent is implied, it is on the basis that you would have a reasonable expectation of receiving a marketing communication based on your interactions or contractual relationship with us.

 

Our Marketing generally takes the form of email via our newsletter but may also include other less traditional or emerging channels. These forms of contact will be managed by us, or by our contracted service providers. Every directly addressed marketing sent by us or on our behalf will include a means by which you may unsubscribe or opt out.

 

Your Rights and Privileges

Privacy rights

Under the CPA, you can exercise the following rights:

 

●       The right to opt out of targeted ads, the sale of their personal data, or being profiled.

●       The right to access the data a company has collected about them.

●       The right to correct data that's been collected about them.

●       The right to request the data collected about them is deleted.

●       The right to data portability (that is, the right to access data in an easily accessible and transportable format).

 

COPPA (Children Online Privacy Protection Act)

We do not specifically market to children under the age of 13 years old.

 

CAN SPAM Act

In accordance with CAN SPAM, we agree to unsubscribe you from receiving future emails and ALL other correspondence, immediately if you ask us to do so.

 

Controls For Do-Not-Track Features

At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. If a standard for online tracking has to be adopted, we will do so and will inform you about that practice in a revised version of this policy.

 

Telephone Consumer Protection Act (TCPA)

If we are sending you SMS marketing communications, you may manage your receipt of marketing and non-transactional communications from us by replying or texting ‘STOP’.

 

Updating your information and withdrawing your consent

If you believe that the information we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion, or object to its processing, please do so by contacting us.

 

Access Request

In the event that you wish to make an access request, please contact us in writing. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within forty five (45) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Information or to make a correction requested by you, we will tell you why.

 

Complaint to a supervisory authority

You have the right to lodge a complaint about our processing of Personal Information with a supervisory authority responsible for data protection. In Colorado this is the Colorado Attorney General, https://coag.gov/. However, we would appreciate the opportunity to address your concerns before you contact any supervisory authority.

 

Changes

We may update this Privacy Policy from time to time. If we make changes to this Privacy Policy, we will revise the effective date.

 

Effective Date

Thursday, January 25th, 2024

 

Questions

If you feel that the above is not sufficient or if you have any queries as regards the collection, processing or use of your information we are looking forward to hearing from you. We will make every effort to reply as soon as possible and take into consideration any suggestions from your end.