RetailVision Privacy Policy 

May 26, 2023 

Our Privacy Commitment 

OneAuctionView LLC (the “Company”, “RetailVision”, “we”, “us” or “our”)  is committed to respecting the privacy rights and concerns of all users of the  Company’s website (the “Site”), software applications (the “Apps”) and services  (we refer to the Site, the Apps and the services and the software made available  by the Company through the Site and Apps, collectively, as the  “RetailVision Service”). As such, we have established and implemented  this Privacy Policy to inform visitors to the Site and Apps and users of the  RetailVision Service how we use and protect the information we collect  through the Site and the RetailVision Service. By visiting the Site or the  Apps or using any of the RetailVision Service, you consent to the  Company’s collection, use, storage, deletion and disclosure of information  relating to you as set forth in this Privacy Policy. This Privacy Policy is effective  as of the date set forth above and is only applicable to the Apps, the Site and  the RetailVision Service and not to any other third-party website, tablet or  mobile application that you may be able to access from or through the Apps,  the Site or the RetailVision Service which third-party website, table or  mobile application may have its own data collection and use practices and  policies. 

This policy answers the following questions:

 

• What information do we collect about you and how do we use it? • Will we share your personal information with third parties? • What choices do you have about the collection and use of your personal  information? 

• What security measures do we take to safeguard your personal  information?

 

Users of the RetailVision Service should be aware of the privacy policies set forth below before making a purchase and/or utilizing the RetailVision  Service.

 

What information do we collect about you and how do we use it? Types of Information We Collect

Personal information means information that can be used to identify and  contact you. You need to submit personal information to create an account  which will grant you access to many features available on the Apps, the Site  and the RetailVision Service. 

To create an account for the RetailVision Service, we require you to  provide certain information to create your profile, including your name,  password, dealership name, dealership address, dealer license number, email  address and phone number. We may also collect financial qualification and  billing information, such as billing name and address and credit/debit card  information. Depending on your choices when using the RetailVision  Service, we may collect additional personal information. 

In connection with your use of certain RetailVision Services, we will also  collect the user ID and passwords to third party sites you will access while using  our software. We take care to encrypt these passwords and store them on our  servers solely for your access. 

By submitting personal information through the RetailVision Service, you  authorize the Company to use and share this personal information for the  purposes identified herein and in connection with the RetailVision Service,  such as running vehicle history reports through third party software, viewing  search results of vehicles through third party software, responding to user  inquiries, processing transactions, and making available the RetailVision  Service and their underlying search systems, methodologies and proprietary  data algorithms and API’s. 

How We Use The Information We Collect 

The personal information you provide to us will allow us to provide the  RetailVision Service to you (including its underlying search systems,  methodologies and proprietary data algorithms and API’s; verify your identity;  alert you of new products or services, features, or enhancements to the  RetailVision Service; handle your customer service questions or issues; for  order processing; billing; request feedback; distribute newsletters; and notify  you of promotions, surveys, updates, or special offers that we think may interest  you). We may also use your email address as part of the RetailVision  Service in sending you messages about the RetailVision Service and other  general announcements. 

We keep track of your interactions with us, including but not limited to your  activity within the RetailVision Service. We may use your personal  information to respond to requests in connection with your use of any of the  RetailVision Service. We may also use your personal information to contact 

you when necessary. We may further use the information we collect to  evaluate and improve our business, including developing new products and  services and analyzing the effectiveness of products, services, applications and  website; to diagnose and address technical and service problems; to perform  data analyses, including market and consumer research, trend analyses,  demographic an analyses and financial analyses; to comply with applicable  legal requirements and our policies, and to contact you via telephone, text or  chat.  

We may use the personal information you submit in combination with non personal information that we have collected in a manner such that the end product of this combination does not personally identify you, your client, or any  other user of the RetailVision Service. We may make the personal  information you submit non-personally identifiable by either combining it with  information submitted by other users (aggregating the personal information  you have submitted with the personal information other users have submitted),  or by removing characteristics (such as names or email addresses) that make  the information personally identifiable. This process is known as de personalizing your information. You grant us a royalty-free, worldwide,  perpetual, irrevocable and fully transferable right and license to use such  personal information in connection with the creation and development of  analytical and statistical analysis tools relating to the use of the customer data  we collect in providing the RetailVision Service (the “”). You  

Analytical Data

 

expressly authorize us to make any commercial use of the Analytical Data,  including without limitation, sharing the Analytical Data with third parties,  provided that we do not sell, trade, or otherwise transfer from us any part of the  Analytical Data that personally identifies any RetailVision Service users. 

Third Party Privacy Policies 

Through the RetailVision Service, you may be able to link to technology,  software, and/or services owned and controlled by third parties (the “ 

Third

 

Party Features”). You may be permitted or required to submit personal  information to access Third Party Features. Such use of Third Party Features  and submission of information through Third Party Features will be subject to  such applicable third party’s Terms of Use/Service and Privacy Policy. You agree  to look solely to the applicable third party and not to the Company to enforce  your rights in relation thereto. When you have clicked on a third party logo or  URL displayed on the Apps, the Site or accessible through the RetailVision  Service which links you to any Third Party Features, our Terms of Use (from here  on out will be referred to as “”) and any other terms and conditions agreed  

ToU

 

to by you in connection with the RetailVision Service no longer apply and  you must read the terms of use/service and privacy policy of the third party to  see how your personal information will be handled on their website.

Cookies 

“Cookies” are small bits of electronic information that a website sends to a  visitor’s browser and are stored on the visitor’s hard drive. Like many websites,  we may employ cookies in certain areas of the RetailVision Service to allow  us to provide information to make your online experience more convenient.  While the Company may use cookies to track your visit to the Apps and/or the  Site, this information does not identify you personally and you remain  anonymous, even if you have previously submitted personal information to the  Company through the RetailVision Service or otherwise. Third parties  whose websites or applications are accessible through links provided through  the RetailVision Service may also use their own cookies when you link to  their application, site, or service. The Company does not control these third  parties’ use of cookies and cannot guarantee that they will uphold the same  privacy standards as the Company. The Company expressly disclaims any and  all liability related to the collection, use, or disclosure of information by third  parties. You should review the privacy policies of any third-party sites that you  visit through a link from the Apps, the Site or the RetailVision Service to  understand how these third parties use cookies and the information they  collect through cookies. Most cookies are “session cookies” which means that  they are automatically deleted at the end of each session. Most browsers are  initially set to accept cookies. You can set your browser to notify you when you  receive a cookie, giving you a chance to decide whether or not to accept it. 

Do Not Track 

California law requires us to let you know how we respond to web browser Do  Not Track (DNT) signals. Because there currently is not an industry or legal  standard for recognizing or honoring DNT signals, we do not respond to them  at this time. We await the result of work by the privacy community and industry  to determine when such a response is appropriate and what form it should  take. 

Third Party Analytics 

The RetailVision Service uses third party analytics software, including  Google Analytics, to help us learn about who visits the Apps and the Site and  what pages are being viewed. 

Log Information 

Our servers automatically record information that your browser sends  whenever you visit the Apps or the Site or use the RetailVision Service. This  information includes your Internet Protocol address, your browser type and  version, the search engine you used to find the RetailVision Service, if any, 

which RetailVision Service you use and from where, and when you  perform searches, how many, what kinds. We use this information to monitor  and analyze how users use the RetailVision Service, to provide customer  service and to maintain and improve the RetailVision Service. 

Children’s Privacy 

We do not knowingly collect personal information from children under 13 or  allow them to create an account for the RetailVision Service. If we  determine upon collection that a user is under this age, we will not use or  maintain his/her Personal Information without the parent/guardian’s consent. If  we become aware that we have unknowingly collected personally identifiable  information from a child under the age of 13, we will make reasonable efforts to  delete such information from our records. We take children’s privacy seriously  and encourage parents to play an active role in their children’s online  experience at all times. 

Will we share your personal information with third parties? 

Sharing Your Information 

We use your personal information to provide the RetailVision Service to  you, and other third parties, to send communications to you about new  services, features, or enhancements to the RetailVision Service that may  be of interest to you and to handle your customer service questions or issues.  We will also share the personal information we collect from you under the  following circumstances:

 

Protection of rights. 

 

• We will share personal information if we have a good faith belief that (i) access, use, preservation, or disclosure of such information is reasonably necessary to satisfy any applicable law,  regulation, legal process, such as a court order or subpoena, or a request  by law enforcement or governmental authorities, (ii) such action is  appropriate to enforce the ToU or any other agreement, understanding, or  arrangement between you and RetailVision, including any  investigation of potential violations thereof, (iii) such action is necessary to  detect, prevent, or otherwise address fraud, security. or technical issues  associated with the RetailVision Service, or (iv) such action is  appropriate to protect the rights, property. or safety of the Company, its  employees, users of the RetailVision Service or others. 
• If we become involved in a merger, acquisition or other

Asset transfers. 

 

transaction involving the sale of some or all of the Company’s assets, user information, including personal information collected from you through  your use of the RetailVision Service, could be included in the  transferred assets. Should such an event occur, we will use reasonable  means to notify you through email and/or a prominent notice on the Apps  and/or Site. 

• We may share your personal information with service

Service Providers. 

 

providers (including our affiliates that provide services on our behalf) that  we engage for the purpose of processing information on our and your  behalf. Additionally, we may partner with other companies to process,  analyze, and/or store data, including, but not limited to, Analytical Data.  While providing services for us, these companies may access your  personal information. To the extent applicable, we require these entities to  comply with this Privacy Policy and appropriate confidentiality and  security measures. 

Affiliates. Information collected, including personal information and

 
 
 
 

Analytical Data, may be shared with affiliates, and their agents and third party service providers, who will use that information in accordance with their own privacy policies.

 
 
 
 
 
 

Access to Databases. We may also allow others to search some of our databases and to analyze the data they find there or aggregate it with other data, either for their business purposes or ours.

           

What choices do you have about the collection and use of your personal  information? 

Control of Your Information 

You may update or delete your personal information or modify your account  preferences for the RetailVision Service by accessing the “My Profile”  provided through the RetailVision Service. Please note that if you disable  your account, we will keep your email address and submitted content on file  and we may retain other account information for a reasonable period of time  afterward for the purpose of internal account management and fraud  prevention activities. In addition, you may not have the ability to remove certain  submitted content once uploaded through the RetailVision Service. 

Opting Out of Communication from Us 

If you no longer want to receive our emails or other announcements, you may  unsubscribe by following the instructions provided through the  RetailVision Service. Please note that you cannot unsubscribe from certain 

correspondence from us, including messages relating to your account  transactions. 

Dispute Resolution 

You agree that the general dispute resolution and the Binding Arbitration  provisions of the Company’s Terms of Use will apply to any dispute or claim you  may have under this Privacy Policy. 

What security measures do we take to safeguard your personal information? 

The personal information that you provide to us is stored on servers, which are  located in secured facilities and protected by protocols and procedures  designed to ensure the security of such information. However, no server,  computer or communications network or system, or data transmission over the  Internet can be guaranteed to be 100% secure. As a result, while we strive to  protect user information, we cannot ensure or warrant the security of any  information you transmit to us directly or through the use of any of the  RetailVision Service, and you acknowledge and agree that you provide  such information and engage in such transmissions at your own risk. Once we  receive a transmission from you, we will endeavor to maintain its security on  our systems. 

In the event that personal information you provide to us is compromised as a  result of a breach of security, when appropriate we will take reasonable steps to  investigate the situation, notify you and take the necessary steps to comply  with any applicable laws and regulations. 

California Privacy Rights

 

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the  information contained in the One Auction Privacy Policy and applies solely to  consumers who reside in the State of California (“consumers” or “you”). One  Auction View LLC (“We”) adopts this notice to comply with the California  Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any  terms defined in the CCPA have the same meaning when used in this notice. 

Information We Collect 

We collect information that identifies, relates to, describes, references, is  capable of being associated with, or could reasonably be linked, directly or  indirectly, with an individual consumer, household, or device (“personal 

information”). We have collected the following categories of personal  information from consumers within the last twelve (12) months:

Category	Examples	Collected
A. Identifiers.	A real name, alias, postal address,  unique personal identifier, online  identifier, Internet Protocol address,  email address, account name, Social  Security number, driver’s license  number, passport number, or other  similar identifiers.	YES
B. Personal   information   categories listed  in the California  Customer   Records statute  (Cal. Civ. Code §  1798.80(e)).	A name, signature, Social Security  number, physical characteristics or  description, address, telephone  number, passport number, driver’s  license or state identification card  number, insurance policy number,  education, employment, employment  history, bank account number, credit  card number, debit card number, or  any other financial information,  medical information, or health  insurance information. Some personal  information included in this category  may overlap with other categories.	YES
C. Protected   classification   characteristics  under California  or federal law.	Age (40 years or older), race, color,  ancestry, national origin, citizenship,  religion or creed, marital status,  medical condition, physical or mental  disability, sex (including gender,  gender identity, gender expression,  pregnancy or childbirth and related  medical conditions), sexual orientation,  veteran or military status, genetic  information (including familial genetic  information).	NO
D. Commercial  information.	Records of personal property, products  or services purchased, obtained, or  considered, or other purchasing or  consuming histories or tendencies.	YES

 

E. Biometric   information.	Genetic, physiological, behavioral, and  biological characteristics, or activity  patterns used to extract a template or  other identifier or identifying   information, such as, fingerprints,  faceprints, and voiceprints, iris or retina  scans, keystroke, gait, or other physical  patterns, and sleep, health, or exercise  data.	NO
F. Internet or   other similar   network activity.	Browsing history, search history,  information on a consumer’s   interaction with a website, application,  or advertisement.	YES
G. Geolocation  data.	Physical location or movements.	YES
H. Sensory data.	Audio, electronic, visual, thermal,  olfactory, or similar information.	NO
I. Professional or  employment  related   information.	Current or past job history or   performance evaluations.	NO
J. Non-public   education   information (per  the Family   Educational   Rights and   Privacy Act (20  U.S.C. Section   1232g, 34 C.F.R.  Part 99)).	Education records directly related to a  student maintained by an educational  institution or party acting on its behalf,   such as grades, transcripts, class lists,  student schedules, student   identification codes, student financial  information, or student disciplinary  records.	NO
K. Inferences   drawn from other  personal   information.	Profile reflecting a person’s   preferences, characteristics,   psychological trends, predispositions,  behavior, attitudes, intelligence,  abilities, and aptitudes.	YES

 

We obtain the categories of personal information listed above from the  following categories of sources:

• Directly from our customers or their agents. For example, from  documents that our clients provide to us related to the services for which  they engage us. 
• Indirectly from our clients or their agents. For example, through  information we collect from our clients in the course of providing services  to them. 
• Directly and indirectly from activity on our Site. For example, from  submissions through our website portals or website usage details  collected automatically. 
• From third-parties that interact with us in connection with the services we  perform. 

Sharing Personal Information 

We may disclose your personal information to a third party for a business  purpose. When we disclose personal information for a business purpose, we  enter a contract that describes the purpose and requires the recipient to both  keep that personal information confidential and not use it for any purpose  except performing the contract. 

In the preceding twelve (12) months, we have disclosed the following categories  of personal information for a business purpose: 

• Category A: Identifiers. 
• Category B: California Customer Records personal information categories. • Category K: Inferences drawn from other personal information. 

We disclose your personal information for a business purpose to the following  categories of third parties: 

• Our affiliates. 
• Service providers. 
• Third parties to whom you or your agents authorize us to disclose your  personal information in connection with products or services we provide  to you. 

In the preceding twelve (12) months, we have sold the following categories of  personal information: 

• In the preceding twelve (12) months, we have not sold any personal  information.

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. 

Access to Specific Information and Data Portability Rights 

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.  Once we receive and confirm your verifiable consumer request, 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. 
• The specific pieces of personal information we collected about you (also  called a data portability request). 
• If we sold or disclosed your personal information for a business purpose,  two separate lists disclosing: 

o sales, identifying the personal information categories that each  category of recipient purchased; and 

o disclosures for a business purpose, identifying the personal  information categories that each category of recipient obtained. 

California Civil Code Section 1798.83 entitles California users to request  information concerning whether a business has disclosed certain information  about you to any third parties for the third parties’ direct marketing purposes.  California users who wish to request further information in compliance with  this law or have questions or concerns about our privacy practices and policies  may contact us as specified in the “Questions? Contact Us” section below. 

Deletion Request Rights 

You have the right to request that we delete any of your personal information  that we collected about you and retained, subject to certain exceptions in the  CCPA. Once we receive and confirm your verifiable consumer request, we will 

delete your personal information from our records, unless an exception applies,  and we will direct our service providers to similarly delete your personal  information from their records. 

Exercising Access, Data Portability, and Deletion Rights 

To exercise the access, data portability, and deletion rights described above,  please submit a “verifiable consumer request” (defined below) to us emailing us  at support@RetailVision.com 

Only you or someone you authorized to act on your behalf, may make a  verifiable consumer request related to your personal information. You may also  make a verifiable consumer request on behalf of your minor child. 

A verifiable consumer request must: 

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

You may only make a verifiable consumer request for access or data portability  twice within a 12-month period. 

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. Making a verifiable consumer request does  not require you to create an account with us. We will only use personal  information provided in a verifiable consumer request to verify the requestor’s  identity or authority to make 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, or suggest that you may receive a different price  or rate for goods or services or a different level or quality of goods or services. 

General Data Protection Regulation (GDPR) Privacy Rights (Residents of  European Economic Area (EEA) Only):

The Site, Apps, and RetailVision Service are not designed for or directed to residents of the European Economic Area (EEA), and pursuant to RetailVision’s Terms of Use, such residents should not use the Site, Apps, or RetailVision Services. Nonetheless, if and to the extent the GDPR is applicable, the following apply: 

Data Controller (): Company is the controller of your  

EEA Residents Only

 

Personal Information provided to, or collected by or for, or processed in  connection with, your use of the Site. 

Purposes of Processing and Legal Basis for Processing (): If  

EEA Residents Only

 

you are a resident of the European Economic Area (EEA), you have certain data  protection rights. As explained above, we process Personal Information in  various ways depending upon your use of our Website. We process Personal  Information on the following bases: (1) with your consent; (2) as necessary to  fulfill orders when you make purchases; and (3) as necessary for our legitimate  interests in providing you with our products and services, enhancing our web  services, conducting analytics, and delivering relevant advertising. 

Your Rights Regarding Personal Information (): The GDPR  

EEA Residents Only

 

requires that we inform our EEA users about certain specific rights: 

• the right to object, for legitimate purposes, to the processing of personal  data; 

• the right to request copies of your personal data held by us in a structured, commonly used, and machine-readable format and/or request us to  transmit this information to another service provider (where technically  feasible); 

• the right to request that we delete or block your personal data without  undue delay; and 

• the right to lodge a complaint with a supervisory authority.

 

 

Withdrawing Consent (): If you wish to withdraw your  

EEA Residents Only

 

consent, please contact us at support@RetailVision.com. Please note that if  you withdraw consent, we may not be able to provide or continue to provide  certain services or marketing communications to you. 

Objection and Requests for Copies (): If you wish to (i)  

EEA Residents Only

 

object, for legitimate purposes, to the processing of personal data as provided  under applicable law, or (ii) to request copies of your Personal Information held  by us in a structured, commonly used, and machine-readable format and/or  request us to transmit this information to another service provider (where  technically feasible), please contact us at support@RetailVision.com.

Requests for Deletion (): If you wish to request that we  

EEA Residents Only

 

delete your personal data, please contact us at support@RetailVision.com.  We will promptly send you a response to ensure that the request was not made  in error. We will respond to your request to delete your information within one  month of receipt of your verification. Our response period may be extended by  60 additional days where necessary, taking into account the complexity and  number of requests we receive. We may need to retain certain records, for  example those relating to open orders, payments, or customer service matters,  for legal and accounting purposes. EEA based individuals can learn more about  their privacy rights and opt-out mechanisms at  

http://www.youronlinechoices.eu. 

Lodging Complaints (): You have the right to lodge a  

EEA Residents Only 

 

complaint about our data collection and processing actions with the  supervisory authority in your country. For more information, please contact  your local data protection authority in the EEA. 

Notification of Changes 

This Privacy Policy may change from time to time and we will post all changes  on the Apps and/or the Site. 

Questions? Contact Us 

If you have any questions about our privacy practices or this Privacy Policy, the  ways in which we collect and use your personal information, your choices and  rights regarding such use, or wish to exercise your rights under California law,  please contact us by email at or by calling us at 866-542-1550.